Ex parte Burnett
Supreme Court of Alabama
APPLICATION by James T. Burnett for habeas corpus, or other remedial writ, to obtain bis discharge from imprisonment in the county jail of Dallas, for an alleged violation of a municipal ordinance passed- by the corporate authorities of the town of Cahaba, fixing the price of a license for retailing spirituous liquors within the corporate limits of said town at $1,000, and prescribing a penalty of $50 per day for a violation of it.
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APPLICATION by James T. Burnett for habeas corpus, or other remedial writ, to obtain bis discharge from imprisonment in the county jail of Dallas, for an alleged violation of a municipal ordinance passed- by the corporate authorities of the town of Cahaba, fixing the price of a license for retailing spirituous liquors within the corporate limits of said town at $1,000, and prescribing a penalty of $50 per day for a violation of it. The petitioner was charged with forty different violations of this ordinance ; was fined $20 in each ease, and sentenced to imprisonment for three days unless the…
1Opinion of the CourtStone, J.
The jurisdiction of chancellors, circuit judges, and judges of probate, over writs of habeas corpus, is concurrent in all cases, except when the applicant is “confined in the county jail, or other place, on a charge of, or commitment for felony, or on a sentence or decree of the supreme court, court of chancery, or circuit court.” Code, § 3710.
This concurrence of jurisdiction does not extend beyond the limits of the county in which the judge of probate holds his office. It being then shown that, so far as judicial functions were invoked in this case, neither a chancellor nor a circuit judge…
2Cases cited11 opinions
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Intendant of Marion v. ChandlerSupreme Court of Alabama · 1844
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3Cited by36 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Miller v. JonesSupreme Court of Alabama · 1885
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
- The Homesteaders v. McCombs, Ins. Com'r.Supreme Court of Oklahoma · 1909
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