State v. . Hooker
Supreme Court of North Carolina
PetitioN for habeas corpus, In re S. T. IIooTcer, beard before Lyon, J bolding tbe courts of tbe Eiftb Judicial District, Fall Term, 1921, at tbe courthouse in Greenville, N. 0., on 12 September, 1921; from Pitt.
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PetitioN for habeas corpus, In re S. T. IIooTcer, beard before Lyon, J bolding tbe courts of tbe Eiftb Judicial District, Fall Term, 1921, at tbe courthouse in Greenville, N. 0., on 12 September, 1921; from Pitt. On said bearing it was made to appear tbat D. M. Clark, Esq., mayor of tbe town of Greenville and as sucli clotbed by statute witb tbe jurisdiction of a justice of tbe peace, on 12 September, 1921, was engaged in bearing causes in bis office in Greenville, N. C., and having disposed of one case and taken up another, for a moment stepped just outside of tbe back door to get bis…
1Opinion of the CourtHoke, J.
Our decisions bold tbat except in cases concerning tbe care and custody of children no appeal lies from a judgment in habeas corpus proceedings, but tbe action of the judge must be reviewed, if at all, by writ of certiorari, which rests in tbe sound discretion of tbe appellate court. In re McCade, ante, 242, citing, among other authorities, In re Lee Croom, 175 N. C., 455; In re Holley, 154 N. C., 163.
Under these, and other decisions to like effect, this appeal, therefore, should be dismissed, but for the fact that the Attorney-General, waiving notice, has consented that the cause be heard…
2Cases cited13 opinions
- United States v. PridgeonSupreme Court of the United States · 1894
- In Re CoySupreme Court of the United States · 1888
- In Re SwanSupreme Court of the United States · 1893
- In Re DeatonSupreme Court of North Carolina · 1890
- Ex Parte McCownSupreme Court of North Carolina · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re BurtonSupreme Court of North Carolina · 1962
- State v. AustinSupreme Court of North Carolina · 1955
- In Re AdamsSupreme Court of North Carolina · 1940
- In Re Imprisonment of PalmerSupreme Court of North Carolina · 1965
- State v. . LittleSupreme Court of North Carolina · 1917
3 more not listed; retrieve them via the Exa API.