If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ of habeas corpus where:

(1) The jurisdiction of such court has been exceeded, either as to matter, place, sum or person;

Terms Used In Alabama Code 15-21-24

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) Though the original imprisonment was lawful, the party has become entitled to his discharge by reason of some subsequent act, omission or event;
(3) The process is void in consequence of some defect in matter or substance required by law;
(4) The process, though in proper form, was issued in a case or under circumstances not allowed by law;
(5) The process is not authorized by any judgment, order or decree nor by any provision of the law; or
(6) The person who has the custody of him under any order or process is not the person authorized by law to detain him.
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