Jones v. Hill

R. M. Jones brought this suit against Benjamin H. Hill, one of the judges of the superior court of the Atlanta circuit, for the recovery of the penalty specified in the code (Civil Code, § 4860; Penal Code, § 1315), for refusing to grant him the writ of habeas corpus. The suit was amended, and, thereafter coming on to be heard on general demurrer, was dismissed on the ground that it did not set forth sufficient facts to constitute a cause of action. The plaintiff excepts to the dismissal of his suit for the penalty, and makes the contention that in performing the duty of granting the writ of…