129 Ga. 518 | Ga. | 1907
(After stating the foregoing facts.)
If this is to be classified with civil cases within the purview of the constitutional amendment referred to, is it a case which was carried to the superior court from the court of ordinary, within the intent and meaning of those words as there used? The confusion already mentioned arising from the inapplicability of terms suited to ordinary litigation to a habeas-corpus proceeding gives rise to this question. It has sometimes been said that the judge of the superior court, or of a city court, or the ordinary, when hearing a habeas-corpus case, is not exactly the superior court or city court •or court of ordinary, but is a sort of special court, which has now and then been termed a “habeas-corpus court.” Without discussing the cases in which- language of this character has been used, or the 'correctness of the decisions made in them, in view of the questions actually involved, it may be suggested that the law of this State has created no court known as “a habeas-corpus court.” It has conferred upon the judges of certain courts power to issue the writ and hear the case, but it has erected no distinct tribunal or set of tribunals for that purpose. If the ordinary, who is the judge of the court of ordinary, when hearing a habeas-corpus case, is not to be. treated as acting as the ordinary, it would seem that the same rule would apply to a judge of the superior court under like circumstances. If the judgment of the latter judge in a pro
If the law is clear, inconvenience can not change it. But if the question before, us were doubtful, a different ruling from that now made would involve much confusion and uncertainty as to writs -of error in habeas-corpus cases. Sometimes they would be treated .as civil eases, and sometimes as criminal cases. Sometimes they would go from the superior court (in cases arising there or first heard by the ordinary) to the Court of Appeals, and sometimes come to this court. We do not think that it was the intention of this amendment to produce such a result.
Judgment affirmed.