Fielder v. Sadler

Jenkins, Justice.

1. Under the provisions of the Code, § 50-103, a petition for habeas corpus “may be presented to the judge of the superior court of the circuit where the illegal detention exists.” Illegal detention exists where the power of control is exercised; and consequently the writ may properly be directed against one who illegally detains the person of another in the county where the person exercising such illegal restraint resides, although at the time of the issuance of the writ the person detained was in another county or circuit. Crowell v. Crowell, 190 Ga. 501, 503 (9 S. E. 2d,…