Legal Opinion

Walton v. Gatlin

Supreme Court of North Carolina

Decided June 15, 1864PublishedCited by 1 opinion

.Oñ the firsl- day of tbe term -Bragg and Strong, on behalf of Gatlin, a Captain in tbe army of tbe Confederate. States, moved for a writ of certiorari to be directed to tbe Honorable Richmond M. Pearson, Chief Justice of this Court, commanding him to certify, under his hand and seal, into this Court the record of a writ of habeas corpus, issued by him at the suit of Walton against Gatlin,'and the proceedings thereon before the said Chief Justice and his judgment thereon,…

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.Oñ the firsl- day of tbe term -Bragg and Strong, on behalf of Gatlin, a Captain in tbe army of tbe Confederate. States, moved for a writ of certiorari to be directed to tbe Honorable Richmond M. Pearson, Chief Justice of this Court, commanding him to certify, under his hand and seal, into this Court the record of a writ of habeas corpus, issued by him at the suit of Walton against Gatlin,'and the proceedings thereon before the said Chief Justice and his judgment thereon, suggesting that in the proceedings and judgment theie was error in law to the injury of the said Gatlin. It appeared that…

1Opinion of the CourtPe Alisos, C. J.

The motion on the part ot the defendant for a certiorari, or other appropriate writ to bring up this case for review on the question oi law, was opposed by the counsel of Walton on two grounds :

1st. It was insisted that the action of a single Judge in vacation, on a writ of habeas corpus, is not the subject of review. The counsel relied on the authorities cited, and the reasoning of Judgement in Yates vs. the People of New York, 6 Johnson, 397, and of Judge Baldwin in Holmes vs. Jennison, 14 Peters, 614.

These cases show that there is a conflict of decisions and a great contrariety of opinion…

2Cited by1 opinion

  1. State v. . HerndonSupreme Court of North Carolina · 1890

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