Legal Opinion

Pearson v. Wimbish

Supreme Court of Georgia

Decided January 13, 1906PublishedCited by 36 opinions

Habeas corpus. Before Judge Felton. Bibb superior court. November 3, 1905. An application for tbe writ of habeas corpus was presented to the judge of the superior court of.

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Habeas corpus. Before Judge Felton. Bibb superior court. November 3, 1905. An application for tbe writ of habeas corpus was presented to the judge of the superior court of. Bibb county, in behalf of Eufus Bearson, who was alleged to be held and restrained of his liberty by E. A. Wimbish, superintendent of the Bibb county chain-gang, under a pretended sentence and commitment of the recorder’s court of the City of Macon, imposing upon the applicant the infamous punishment of being confined at hard labor in the chain-gang of that county for the term of three months. It was alleged, that on…

1Opinion of the CourtEvaNS, J.

(After making the foregoing statement of facts.)

1. In most, and perhaps in all, of the constitutions of the different States there is contained the phrase, “the right of trial by jury shall remain inviolate,” or words of similar import. With striking unanimity this and equivalent expressions have been construed to mean that the right of trial by jury as it existed in the colonies prior to the Revolution should be preserved. The privilege was not enlarged, nor was the right' extended to instances where summary trial without a jury was authorized and practiced. This construction has been given…

2Cases cited19 opinions

  1. Callan v. WilsonSupreme Court of the United States · 1888
  2. McInerney v. City of DenverSupreme Court of Colorado · 1892
  3. Natal v. LouisianaSupreme Court of the United States · 1891
  4. Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
  5. Williams v. City Council of AugustaSupreme Court of Georgia · 1848

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3Cited by36 opinions

  1. Tenement House Department v. . McDevittNew York Court of Appeals · 1915
  2. Loeb v. JenningsSupreme Court of Georgia · 1910
  3. Johnson v. SmithSupreme Court of Georgia · 1971
  4. Metropolitan Casualty Insurance Co. of New York v. HuhnSupreme Court of Georgia · 1928
  5. State ex rel. Sellers v. ParkerSupreme Court of Florida · 1924

31 more not listed; retrieve them via the Exa API.

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