Walden v. Morris
Court of Appeals of Georgia
Habeas corpus; from city court of Nashville — Judge Christian. February 23, 1915. Eichard Walden was convicted of a misdemeanor, and the sentence was that he be confined in the chain-gang for six months, or in lieu thereof pay a fine of $40. He was allowed to leave the jail, but was rearrested and again confined therein, and, while so confined, sued out the writ of habeas corpus, alleging that the sheriff extended credit to him for the amount of the fine, and consented to…
Read the full summary
Habeas corpus; from city court of Nashville — Judge Christian. February 23, 1915. Eichard Walden was convicted of a misdemeanor, and the sentence was that he be confined in the chain-gang for six months, or in lieu thereof pay a fine of $40. He was allowed to leave the jail, but was rearrested and again confined therein, and, while so confined, sued out the writ of habeas corpus, alleging that the sheriff extended credit to him for the amount of the fine, and consented to his leaving jail without complying with the judgment of the court and without giving bond, and therefore he could not be…
1Opinion of the CourtBkotles, J.
1. There is in the record no evidence that the sheriff, or the deputy sheriff, ever extended credit for the payment of the fine imposed upon the plaintiff in error; hence the cases cited by counsel for the plaintiff in error are not applicable to this case.
2. Error is assigned upon the ruling that the sheriff, when being examined as a witness, need not answer the following question: “By what authority did you permit him [the plaintiff in error] to leave without bond, when you knew that his fine had not been paid?” In our opinion this question was irrelevant and immaterial, and the court did…
2Cases cited9 opinions
- Bently v. TerrySupreme Court of Georgia · 1877
- Lindsey v. LindseySupreme Court of Georgia · 1854
- Smith v. BraggSupreme Court of Georgia · 1882
- Russell v. TatumSupreme Court of Georgia · 1898
- Evans v. LaneCourt of Appeals of Georgia · 1911
4 more not listed; retrieve them via the Exa API.