McCluskey v. Brock
Supreme Court of Georgia
Habeas Corpus. Decided by Judge Richard H. Clark, at Chambers, February 1865. The defendants in error were enlisted soldiers serving in the Georgia Reserves, and while so serving, were arrested upon charges of felony, and recognized to appear at the Superior Court of Sumter county, to answer these charges.
Read the full summary
Habeas Corpus. Decided by Judge Richard H. Clark, at Chambers, February 1865. The defendants in error were enlisted soldiers serving in the Georgia Reserves, and while so serving, were arrested upon charges of felony, and recognized to appear at the Superior Court of Sumter county, to answer these charges. Whilst out on the recognizances, they were ordered hack into their companies; and having returned accordingly, and resumed military duty, they sued out writs of habeas corpus against the company officers, the plaintiffs in error, to he discharged. Judge Clark, by consent of parties, heard…
1Opinion of the CourtLyon, J.
The discharge of the defendants by the Court below, is in conflict with the decision of this Court in Alford vs. Irwin tried at Millodgeville, November Term, 1861. The identical .question made by this record, was settled in that case; that 'is, one who has given bond and security for his appearance at Court, to answer a charge of felony or other crime, must, nevertheless, perform military service when required. It is true that these defendants were bound for their appearance at Court, and that contract must be performed, if it is capable of being performed and legally may be. But when the…
2Cited by1 opinion
- Walls v. StateCourt of Appeals of Georgia · 1965