Starr v. Barton
Supreme Court of Georgia
Habeas Corpus. Decided by Judge Hook.- At Chambers, June, 1864. The decision below was upon a writ of habeas corpus sued out by the defendant in error against the plaintiff in error, returnable before Judge Hook at Chambers.
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Habeas Corpus. Decided by Judge Hook.- At Chambers, June, 1864. The decision below was upon a writ of habeas corpus sued out by the defendant in error against the plaintiff in error, returnable before Judge Hook at Chambers. The question made was as to the exemption of Barton, the defendant in error, from military service in the army of the Confederate States, on the ground that he was a physician, over thirty years of,age, and engaged in the actual and regular practice of his profession for seven years prior to the Uth day of February 1864, the date of the act of Congress entitled, “ An act…
1Opinion of the Court
Lumpkin, O. J.
There was a conflict of evidence in this case, and the only question is, was there testimony enough to warrant the judgment of the Court ? In other words, suppose this case before the jury, and the verdict had been for Barton, the defendant in error, would the verdict of the jury be set aside and a new trial ordered, because the verdict was strongly and decidedly against the weight of evidence? We think not. The judgment of the Court upon the/hefe, in cases of habeas corpus, is analagous to a verdict of the jury; and will not be disturbed by the reviewing Court, provided there…
2Cited by8 opinions
- Perkins v. CoursonSupreme Court of Georgia · 1964
- Balkcom v. VickersSupreme Court of Georgia · 1964
- Beavers v. WilliamsSupreme Court of Georgia · 1945
- Smith v. BraggSupreme Court of Georgia · 1882
- Bailey v. WarlickSupreme Court of Georgia · 1943
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