Legal Opinion

Crosson v. Sumner

Supreme Court of Georgia

Decided May 11, 1906Published

ilabeas corpus. Before Judge Park. City court of Sylvester. March 6, 1906. Crosson was tried and convicted in the city court of Sylvester, established under the act of 1904 (Acts 1904, p. 207). He applied for a writ of habeas corpus, upon the ground that that court had no legal existence and that therefore his detention was illegal.

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ilabeas corpus. Before Judge Park. City court of Sylvester. March 6, 1906. Crosson was tried and convicted in the city court of Sylvester, established under the act of 1904 (Acts 1904, p. 207). He applied for a writ of habeas corpus, upon the ground that that court had no legal existence and that therefore his detention was illegal. The judge to whom the application was made issued the writ, and, after a hearing, refused to discharge the applicant, and remanded him to the custody of the sheriff, to be conveyed to the chain-gang, to serve the sentence imposed. The applicant excepted.

1Opinion of the CourtCobb, P. J.

(After stating the foregoing facts.) By an act approved December 21, 1898, the town of Sylvester in the county of Worth was incorporated under the name of the Town of Sylvester. Acts 1898, p. 269. By an act approved August 11, 1904, the city court of Sylvester was created. The act provided that the city court of Sylvester should be “located in the City of Sylvester in the county of Worth,” and that “the sessions of said court shall be held in the court-house of Worth county, in said City of Sylvester, or at some other place in said city.” (Acts 1904, pp. 207, 210.) At the date of this act…

2Cases cited5 opinions

  1. Mitchell v. LasseterSupreme Court of Georgia · 1901
  2. Savannah, Florida & Western Railway Co. v. JordanSupreme Court of Georgia · 1901
  3. Daughtry v. StateSupreme Court of Georgia · 1902
  4. Kelly v. JacksonSupreme Court of Georgia · 1881
  5. White v. StateSupreme Court of Georgia · 1905

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