Supreme Court of Alabama, 1852

Wilkinson v. Murphy

Wilkinson v. Murphy
Supreme Court of Alabama · Decided January 15, 1852
20 Ala. 104

Counsel

Falkner, for tbe motion., Heflin, contra,

Wilkinson v. Murphy

Opinion of the Court

Per curiam.

A writ of error does not lie to tbe judgment of tbe Court of Probate on tbe bearing of a habeas corpus. Tbe judgment cannot be said to be final, as it is not conclusive on tbe rights of tbe party, who may renew bis application to tbe same, or another tribunal.—Ex parte Campbell, at the present term; or be may obtain tbe aid of this Court, by proceeding according to tbe practice settled in ex parte Croom & May, 19 Ala. Rep. 561.

Tbe writ of error must be dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.