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Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
CRENSHAW, J.The petition of Stebbins sets forth that Thomas C. Butler, being in custody of virtue of a ca. sa. at his suit, was, on habeas corpus, brought before a judge at chambers, and discharged by the judge’s order, and prays for a certiorari, commanding the judge to certify to this court the proceedings so had before him. The petition is not verified by the affidavit of the petitioner, or any other person; nor are the grounds on which the judge discharged Butler set forth.
The petition is not verified by the affidavits of the petitioner, or of any other person; nor are the grounds on which the judge discharged Butler set forth. For these reasons the petition must be dismissed. If the petition had been sufficient in these particulars, I am prepared to say that this court could award a certiorari to bring up the proceedings had before a judge at chambers; but, as to this, it is not now necessary to adjudicate. The application must be rejected, for the reason stated. In this opinion the court are unanimous.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), pp. 121-122.
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