Ex Parte Gilbert

Alabama Court of Appeals

Ex Parte Gilbert

103 So. 924, 20 Ala. App. 679

Alabama Court of Appeals·Decided April 14, 1925·No. 6 Div. 782.·Published

Opinion

RICE, J.

It affirmatively appears from the pleadings on file, and by the admission of petitioner’s counsel in open court on the argument of this cause, that petitioner was not at the time of filing his petition restrained of his liberty, as averred in said petition, but that he had theretofore been released from custody upon his giving bail. It is manifest that petitioner has mistaken his remedy. Habeas corpus denied.

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RICE, J.

It affirmatively appears from the pleadings on file, and by the admission of petitioner’s counsel in open court on the argument of this cause, that petitioner was not at the time of filing his petition restrained of his liberty, as averred in said petition, but that he had theretofore been released from custody upon his giving bail. It is manifest that petitioner has mistaken his remedy. Habeas corpus denied.

Ex Parte Gilbert, 103 So. 924, 20 Ala. App. 679 (Ala. Ct. App. 1925).

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