Morris v. Aderhold

Candler, Justice.

(After stating the foregoing facts.) Where an application for the writ of habeas corpus affirmatively shows on its face, as here, that the restraint is legal, the judge before whom the writ is made returnable has the power, on general demurrer, to dismiss the writ and remand the applicant. In such instance the general demurrer, under our practice, serves the purpose of a motion to quash the writ for insufficiency of the allegations in the petition. Smith v. Milton, 149 Ga. 28 (98 S. E. 607); Coleman v. Grimes, 154 Ga. 852 (115 S. E. 641); Kinman v. Clark, 185 Ga. 328 (195 S.…