White v. Hornsby

Jenkins, Justice.

After a conviction, in the recorder’s court of Atlanta, for the violation of a city ordinance, the defendant, without proceeding by certiorari to upset the judgment, brought this petition for habeas corpus in the superior court, to attack the ordinance. as unconstitutional and void. The order of the superior court judge denied the writ, on the grounds that certiorari was the proper remedy, and that the applicant had introduced no evidence whatever to show that the ordinance was arbitrary, unreasonable, and void; the court holding that it would not declare the ordinance…