Broomhead v. Chisolm
Supreme Court of Georgia
Habeas corpus. Jurisdiction. Sentence. Evidence. Supersedeas. Before Judge Cowabt, of the City Court of Atlanta. At Chambers.
Read the full summary
Habeas corpus. Jurisdiction. Sentence. Evidence. Supersedeas. Before Judge Cowabt, of the City Court of Atlanta. At Chambers. April 5th, 1872. John H. Chisolm petitioned for the writ of habeas corpus, alleging that Robert Cobb, a person of color, is unlawfully restrained of his liberty by B. H. Broomhead, and is confined in what is known as a “ chain-gang,” working from place to place in the city of Atlanta, and county of Fulton; prayer, that said B. H. Broomhead be commanded to bring said Robert Cobb before the Judge of the City Court, with the causes of his arrest and detention. The answer…
1Opinion of the Court
Montgomery, Judge.
1. Every Judge whose duty it is to grant the writ of habeas corpus, must do so when “any person shall apply for” it: Code, 3955. The Judge of the City Court of Atlanta, then, was obliged to grant the writ. The respondent before answer- ■ ing it brought the person held in custody within the city limits, *393but claimed in his answer that be only brought him in, in response to the writ, and therefore, the Judge had no jurisdiction. What might have been the decision had the respondent declined to bring the prisoner within the city, we do not say. Having brought him before the Judge…
2Cited by13 opinions
- Simmons v. Georgia Iron & Coal Co.Supreme Court of Georgia · 1903
- State v. HuggettHawaii Supreme Court · 1974
- Addis v. ApplegateSupreme Court of Iowa · 1915
- Ware v. SandersSupreme Court of Iowa · 1910
- Hall v. HallSupreme Court of Georgia · 1966
8 more not listed; retrieve them via the Exa API.