20 Ala. 104
Decided January 15, 1852
Supreme Court of Alabama · decided 1852-01-15
Barnaby Wilkinson, as guardian of Matilda Wilkinson, sued out a writ of habeas corpus in the name of his ward, returnable before the Judge of Probate, to obtain her custody and control from the defendant in error, who detained her. On the hearing of the writ, the judge refused to make any order for the delivery of the infant to her guardian, and allowed the defendant to retain her.
Cited by 3 later decisions — most recently December 1878
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1852-01-15
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¶1A 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.
¶2Tbe writ of error must be dismissed.