Mississippi Supreme Court, 1848

Steele v. Shirley

Steele v. Shirley
Mississippi Supreme Court · Decided January 15, 1848 · Pee
17 Miss. 382

Counsel

Jefferson M. Graybill, for motion to dismiss., W. C. Smedes, for Steele., Guion, on same side.

Steele v. Shirley

Opinion of the Court

Pee Curiam.

The appeal must' be dismissed; it is not authorized by law. There is no mode of bringing to this court for revisal the judgment of a judge on a writ of habeas corpus, but by means of a writ of error.

The circuit judge is empowered by the statute (H. & H. 664) to sit in vacation on the trial of a writ of habeas corpus.

The application for the writ of error must be granted; not to operate as a supersedeas, however, until bond be given. A writ of error is the remedy given by the statute.

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