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Call Now: 904-383-7448No person belonging to the organized militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. No part of the uniform or equipment of any officer or enlisted man of the organized militia shall be subject to levy and sale for debts.
(Ga. L. 1916, p. 158, § 3; Code 1933, § 86-702; Ga. L. 1951, p. 311, § 24; Ga. L. 1955, p. 10, § 80.)
- Provisions regarding privilege from arrest of active duty military personnel, § 17-4-2.
- Legislative purpose of this immunity statute is to prevent civil interference with the military on active duty in the performance of duty. This purpose will be served only if the immunity is asserted at the earliest opportunity. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).
Legislative purpose is defeated if the militiaman allows oneself to be deterred from the performance of the militia member's duty and then raises the privilege for the sole purpose of avoiding the criminal sanctions which the militia member faces. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).
- Statute appears to be a limit upon the police power to momentarily detain. Sanders v. City of Columbus, 140 Ga. App. 441, 231 S.E.2d 473 (1976).
- 53A Am. Jur. 2d, Military and Civil Defense, §§ 254, 259.
- 6 C.J.S., Armed Services, § 350.
- Exemption of member of armed forces from service of civil process, 137 A.L.R. 1372; 149 A.L.R. 1455; 150 A.L.R. 1419; 151 A.L.R. 1454; 153 A.L.R. 1418; 153 A.L.R. 1419; 156 A.L.R. 1449; 157 A.L.R. 1449; 158 A.L.R. 1450.
Service of process on person in military service by serving person at civilian abode or residence, or leaving copy there, 46 A.L.R.2d 1239.
No results found for Georgia Code 38-2-272.