§ 16-112-122 — Issuance of writ by judge without application

Whenever any court of record, any justice of the Supreme Court, or any judge of the circuit court or judge of the county court, shall have evidence, from any judicial proceedings had before them, that any person is illegally confined or restrained of his or her liberty within the jurisdiction of the court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for his or her relief, although no application or petition is presented for writ. Rev. Stat., ch. 73, art. 1, § 7; C. & M. Dig., § 5090; Pope's Dig., § 6353; A.S.A. 1947, § 34-1742.