Commonwealth v. Alexander
Opinion of the Court
delivered the Court’s opinion.
It appears from the return, to this habeas corpus, that Teach is held in prison by virtue of a warrant from the commissioners of Franklin county, for the collection of a militia fine. The warrant contains a naked precept to collect tbe fine, without mention of any proceeding whatever, by virtue of which it was issued. The commissioners have no authority to issue a warrant without some foundation; and as no foundation has been shewn either on the face of the warrant or otherwise, although the commissioners have
Prisoner discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.