Town of Elba v. Rhodes
Supreme Court of Alabama
Appeal from the order of the Probate Judge of Coffee County. Heard before the Hon. F. M. Rushing. The facts in this case are sufficiently stated in the opinion. Appeal from decision and order of Judge of Probate of Coffee County on Habeas Corpus proceedings, discharging petitioner.
1Opinion of the CourtDowdell, J.
The appellee was tried and convicted by the mayor of the town of Elba on the affidavit and warrant for the violation of a town ordinance. The proceedings before the mayor appear to have been regular, and while yet in the custody of the marshal under the judgment of conviction, and on the same day the judgment of conviction was rendered, and while the fine and *691costs remained unpaid, the petitioner sued out a writ of habeas corpus before the probate judge of the county, and was on the hearing by the judgment of said probate judge discharged from such custody, and from this judgment the town of…
2Cases cited1 opinion
- Burr v. FosterSupreme Court of Alabama · 1902
3Cited by6 opinions
- Rogers v. City of MobileSupreme Court of Alabama · 1964
- Utah Mfrs.' Assn. v. StewartUtah Supreme Court · 1933
- McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922
- City of Birmingham v. PerryAlabama Court of Appeals · 1960
- Ex parte HallSupreme Court of Alabama · 1908
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