Ex parte Spivey

Decision Date09 January 1912
Citation57 So. 493
PartiesEX PARTE SPIVEY ET AL.
CourtAlabama Court of Appeals

Appeal from Order of Chancellor of Southeastern Chancery Division.

Petition by Hollan Spivey and others to be allowed bail. From an order of Chancellor L. D. Gardner denying bail, petitioners appeal. Reversed and remanded, with directions.

Foster, Samford & Carroll and Ball & Samford, for appellants.

R. C. Brickell, Atty. Gen., and W. L. Martin, Asst. Atty. Gen., for the State.

PER CURIAM.

The question of the petitioners' right to bail was, under the statute, certified to the Supreme Court of Alabama, and on the authority of the opinion of that court on the certification (Ex parte Hollan Spivey et al., 57 So. 491, present term) the order of the chancellor of the Southeastern chancery division denying petitioners bail is reversed, and the prayer of petitioners granted. It is further ordered that the chancellor make an order admitting the defendants to bail upon giving bond conditioned and payable as provided by law.

Reversed and remanded.

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2 cases
  • Ex parte Spivey
    • United States
    • Alabama Supreme Court
    • January 9, 1912
    ...by law." This court reversed the case on the ground that said plea was good and that the demurrer should have been overruled. Spivey v. State, 57 So. 493. No evidence was offered before the chancellor; the claim of the petitioners being that the record showed that the petitioners had been t......
  • Davis v. State
    • United States
    • Alabama Court of Appeals
    • January 11, 1912

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