Toney v. State
Supreme Court of Alabama
Appeal from an Order of a Judge of Probate. Heard before the Hon. H. T. Benton. The proceedings in this case Avere had upon a petition filed by one Columbus Toney, addressed to Hon. H. T. Benton, Judge of the Probate Court of Russell County, in which the petitioner avers that he was unlawfully restrained of his liberty under and by virtue of a warrant of arrest issued by the Judge of the County Court of Russell County, charging the petitioner with the offense of “violating a…
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Appeal from an Order of a Judge of Probate. Heard before the Hon. H. T. Benton. The proceedings in this case Avere had upon a petition filed by one Columbus Toney, addressed to Hon. H. T. Benton, Judge of the Probate Court of Russell County, in which the petitioner avers that he was unlawfully restrained of his liberty under and by virtue of a warrant of arrest issued by the Judge of the County Court of Russell County, charging the petitioner with the offense of “violating a written contract,, and making a second contract, either parole or written, of a similar nature or character, to the…
1Opinion of the CourtSharpe, J.
Authority for the warrant under which petitioner is imprisoned, does not exist unless in an Act approved March 1, 1901 (Acts 1900-01, p. 1208), which purports to apply in Russell and other counties of this State and -which declares “That- any person who has contracted in writing to labor for, or serve, another for any given time, or any person who has bv written contract leased or rented land from another for any specified time, or any person who'has contracted in writing with a party furnishing the lands, or the lands and teams to cultivate it, either to furnish the labor, or the labor and…
2Cases cited6 opinions
- Brown v. MarylandSupreme Court of the United States · 1827
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Commonwealth v. PerryMassachusetts Supreme Judicial Court · 1891
- People ex rel. Valentine v. Berrien Circuit JudgeMichigan Supreme Court · 1900
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3Cited by16 opinions
- Commonwealth v. O'HARRAHCourt of Appeals of Kentucky (pre-1976) · 1953
- People v. HolderCalifornia Court of Appeal · 1921
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
- State v. GoldsteinSupreme Court of Alabama · 1922
- Ex Parte MelofSupreme Court of Alabama · 1999
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