Manders v. Caldwell

Gunter, Justice.

This habeas corpus appeal involves only one issue: When the judge of the superior court where the application is brought is disqualified from hearing the case, can the judge of a city court (now State court) of an adjoining county legally preside in the case?

Appellant’s original habeas corpus application was heard and determined in 1969 by the Judge of the City Court of Hinesville due to the fact that the Judge of the Superior Court of Tattnall County was disqualified in the case. Contention is made that this was illegal — that a superior court judge should have presided in…