Irwin v. Jackson
Supreme Court of Georgia
Habeas Corpus. Decided by Judge Hook. At Chambers. October 1861. His Excellency, the Governor, ordered into the field all persons subject to militia duty. Col. Irwin, an officer of the militia, arrested Jackson, in execution of that order. Jackson, to obtain bis discharge, sued out a writ of habeas corpus before Judge Hook, on the ground, that he was not liable to serve in the militia.
Read the full summary
Habeas Corpus. Decided by Judge Hook. At Chambers. October 1861. His Excellency, the Governor, ordered into the field all persons subject to militia duty. Col. Irwin, an officer of the militia, arrested Jackson, in execution of that order. Jackson, to obtain bis discharge, sued out a writ of habeas corpus before Judge Hook, on the ground, that he was not liable to serve in the militia. On the return of that writ, Judge Hook decided against his application for discharge, and remanded him; and he excepted. His bill of exceptions, after being signed and certified by the presiding Judge, was…
1Opinion of the CourtLyon, J.
The only question made by this record, is whether the signing and certifying a bill of exceptions to this Court, upon the judgments of the Superior Court, in habeas corpus trials, operate as a supersedeas — so as to continue the applicant discharged from the arrest or custody of which he complains, until the hearing and adjudication of the case before this Court, in those cases where the relator is remanded by the judgment of the Court below, back into custody.
We are clear that the bill of exceptions, in these cases, does not operate as a supersedeas. It can only have that operation in those…
2Cited by10 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- Hames v. SturdivantSupreme Court of Georgia · 1935
- Southern Express Co. v. LynchSupreme Court of Georgia · 1880
- Gustoso Cigar Manufacturing Co. v. RaySupreme Court of Georgia · 1903
- Johnson v. AldredgeSupreme Court of Georgia · 1941
5 more not listed; retrieve them via the Exa API.