Legal Opinion

Cross v. Foote

Court of Appeals of Georgia

Decided April 17, 1916No. 6940PublishedCited by 9 opinions

Habeas corpus; from city court of Milieu — Judge T. L. Hill. August 10, 1915.

1Opinion of the CourtWade, J.

1. The writ of habeas corpus may be used as a means of freeing one from illegal custody (Kidd v. Brown, 136 Ga. 85, 87, 70 S. E. 881); but “habeas corpus can not be made a substitute for certiorari, bill of exceptions, or other similar remedial procedure, by which errors and irregularities in judgments or convictions are to be corrected. A conviction can be attacked by habeas corpus only when it is void. A judgment, though founded on no evidence, is not void where the defendant has actually or constructively had his day in court.” Davis v. Smith, 7 Ga. App. 192 (5), 195 (66 S. E. 401).

2.…

2Cases cited6 opinions

  1. Brieswick v. Mayor of BrunswickSupreme Court of Georgia · 1874
  2. McDonald v. Farmers Supply Co.Supreme Court of Georgia · 1915
  3. Stephens v. HendersonSupreme Court of Georgia · 1904
  4. Davis v. SmithCourt of Appeals of Georgia · 1909
  5. Hudson v. JenningsSupreme Court of Georgia · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Wells v. PridgenSupreme Court of Georgia · 1922
  2. White v. PentonSupreme Court of Florida · 1926
  3. Lehman v. SawyerSupreme Court of Florida · 1932
  4. Aldredge v. WilliamsSupreme Court of Georgia · 1939
  5. Harris v. NorrisSupreme Court of Georgia · 1939

4 more not listed; retrieve them via the Exa API.

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