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17 Miss. 382

Steele v. Shirley

Mississippi Supreme Court

Decided January 15, 1848

Mississippi Supreme Court · decided 1848-01-15

George Coalter, on the trial of a writ of habeas corpus. James Shirley, on petition obtained from the Hon. George Coalter a writ of habeas corpus directed to Thomas J. Randolph, the coroner of Warren county, requesting him to summon Claiborne Steele, the sheriff of the county, to appear before him on the 11th of August, 1847, and to bring with him the bodies of seven slaves, alleged by Shirley to have been forcibly taken from his possession by Steele.

Decided 1848-01-15

Pee Curiam.

¶1The 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.

¶2The circuit judge is empowered by the statute (H. & H. 664) to sit in vacation on the trial of a writ of habeas corpus.

¶3The 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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