Lloyd v. State

Supreme Court of Alabama

Lloyd v. State

70 Ala. 32

CourtSupreme Court of Alabama

DecidedDecember 15, 1881

StatusPublished

Cited by1 cases

This text of 70 Ala. 32 (Lloyd v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lloyd v. State, 70 Ala. 32 (Ala. 1881).

Pincite

Opinion

STONE, J.

The taking of an affidavit, and the issue of a warrant of arrest, impose duties in their nature judicial. The statute raising the jurisdiction of County Courts in Madison county, confers no power on the clerk to administer such oaths. Pamph. Acts 1876-7, p. 149; Code of 1876, § 4702.

We reverse the judgment of the County Court, and remand the cause, that the court may quash the affidavit. Let the defendant remain in custody, until discharged by due course of law.

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STONE, J.

The taking of an affidavit, and the issue of a warrant of arrest, impose duties in their nature judicial. The statute raising the jurisdiction of County Courts in Madison county, confers no power on the clerk to administer such oaths. Pamph. Acts 1876-7, p. 149; Code of 1876, § 4702.

We reverse the judgment of the County Court, and remand the cause, that the court may quash the affidavit. Let the defendant remain in custody, until discharged by due course of law.

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Bluebook (online)

70 Ala. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-state-ala-1881.

Opinion

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