Heath v. State
Supreme Court of Alabama
Ekom the Circuit Court of Autauga. Tried before the Hon. PORTER KirNG. The indictment in this case charged, that the defendant, Seaborn Heath, “ did knowingly and willfully oppose or resist William Chavis, a constable of said county, in attempting to serve or execute a peace-warrant, or writ of arrest, issued by Robert Kerr, a justice of the peace of said county.”
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Ekom the Circuit Court of Autauga. Tried before the Hon. PORTER KirNG. The indictment in this case charged, that the defendant, Seaborn Heath, “ did knowingly and willfully oppose or resist William Chavis, a constable of said county, in attempting to serve or execute a peace-warrant, or writ of arrest, issued by Robert Kerr, a justice of the peace of said county.” The case was before this court at its June term, 1859, when the judgment of the circuit court was reversed, and the cause remanded. — See 84 Ala. 250. On the second trial below, as the bill of exceptions in the present record shows,…
1Opinion of the CourtR. W. Walker, J.
Our opinion is, that the court did not err in excluding the evidence offered by the defendant.
It is well settled, upon great principles of public policy, that the acts of an officer de facto, whether judicial or ministerial, are valid, so far as the rights of the public, or third persons having an interest- in such acts, are concerned; and that neither the title of such an officer, nor the validity of his acts as such, can be indirectly called in question, in a proceeding to which he is not a party. This doctrine dates as far back as the Year-Books, and it stands confirmed, without any…
2Cases cited4 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Mayo v. StoneumSupreme Court of Alabama · 1841
3Cited by17 opinions
- Diggs v. StateSupreme Court of Alabama · 1873
- State v. BriggsSupreme Court of Missouri · 1968
- Thorington v. GouldSupreme Court of Alabama · 1877
- State v. DierbergerSupreme Court of Missouri · 1886
- Ex Parte RegisterSupreme Court of Alabama · 1952
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