Armistead v. Confederate States
Supreme Court of Alabama
These two cases, though decided together, were argued and submitted at different times. The first was an application by L. H. Hill, an officer of the provisional army of the Confederate States, and the enrolling officer of the district embracing the county of Montgomery, for a writ of prohibition to the probate judge of said county, enjoining and restraining him from further proceedings in the matter of a petition for habeas corpus, sued out before him by W. B. Armistead,…
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These two cases, though decided together, were argued and submitted at different times. The first was an application by L. H. Hill, an officer of the provisional army of the Confederate States, and the enrolling officer of the district embracing the county of Montgomery, for a writ of prohibition to the probate judge of said county, enjoining and restraining him from further proceedings in the matter of a petition for habeas corpus, sued out before him by W. B. Armistead, who sought thereby to procure his release from the custody of said enrolling officer, on the ground that he had obtained a…
1Opinion of the CourtStone, J.
The. precise line of division which separates State and Confederate judicial authority, is not always easy of expression, if indeed it be easy of ascertainment. Operating, (within the sphere of its appointed powers,) as each government confessedly does, upon the same territorial area, and upon the same persons, it requires, in some cases, the closest scrutiny to prevent encroachment by one power upon the other. If either government, in the performance of its functions, by mistake or otherwise, transgress the boundary line which separates them, and trespass on the domain of another, such…
2Cases cited20 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Houston v. MooreSupreme Court of the United States · 1820
- Ableman v. BoothSupreme Court of the United States · 1859
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3Cited by4 opinions
- State v. DarlingSupreme Court of Missouri · 1906
- Alexander v. NelsonSupreme Court of Alabama · 1868
- Passett v. ChaseSupreme Court of Florida · 1926
- Gilmore v. TuttleNew Jersey Court of Chancery · 1885