Ex parte State ex rel. Brooks
Supreme Court of Alabama
Application by petition, in the name of the State of Alabama, on the relation of A. L. Brooks, the solicitor of Macon county, for a writ of prohibition, or other proper writ or process, to restrain the Hon. L. B. Strange, the judge of the ninth judicial circuit, from proceeding in the hearing and determination of a writ of habeas corpus, sued out before him by one Jim Lowe on behalf of Edward Brown.
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Application by petition, in the name of the State of Alabama, on the relation of A. L. Brooks, the solicitor of Macon county, for a writ of prohibition, or other proper writ or process, to restrain the Hon. L. B. Strange, the judge of the ninth judicial circuit, from proceeding in the hearing and determination of a writ of habeas corpus, sued out before him by one Jim Lowe on behalf of Edward Brown. The motion is not entered on the docket, and none of the papers submitted have come to the reporter’s hands.
1Opinion of the CourtPeters, C. J.
The application for the writ of prohibition must be denied. The petition for the writ of habeas corpus seems to be regular. It shows that Brown was “ restrained of his liberty in this State; ” and the name of the person restraining him, the place where he is restrained, and all the other necessary facts are stated. Rev. Code, §§ 4260, 4262. Upon this application, it was the duty of the circuit judge to issue a writ of habeas corpus, as he did, commanding the person restrained to be brought before him, at a proper time and place, “ to do and receive what shall then and there be considered…
2Cited by7 opinions
- Ex Parte BurchSupreme Court of Alabama · 1938
- Ex parte BootheSupreme Court of Alabama · 1879
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Ex Parte CoxSupreme Court of Alabama · 1935
- Anders v. LindseySupreme Court of Alabama · 1919
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