Alabama Court of Appeals April 14, 1925, 6 Div. 782. (Ex Parte Gilbert)

RICE, J.

It affirmatively appears from the pleadings on file, and by the admission of petitioner’s counsel in open court on the argument of this cause, that petitioner was not at the time of filing his petition restrained of his liberty, as averred in said petition, but that he had theretofore been released from custody upon his giving bail. It is manifest that petitioner has mistaken his remedy.