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2018 Georgia Code 9-14-23 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 14. Habeas Corpus, 9-14-1 through 9-14-53.

ARTICLE 1 GENERAL PROVISIONS

9-14-23. Attachment for contempt for disobedience of writ.

Any person disregarding the writ of habeas corpus in any manner whatever shall be liable to attachment for contempt, issued by the judge granting the writ, under which attachment the person may be imprisoned until he complies with the legal requirements of the writ.

(Orig. Code 1863, § 3923; Code 1868, § 3946; Code 1873, § 4022; Code 1882, § 4022; Penal Code 1895, § 1223; Penal Code 1910, § 1304; Code 1933, § 50-115.)

JUDICIAL DECISIONS

Contempt order held authorized.

- After the father sent the child in dispute to his family in Pakistan, the trial court did not err in ordering confinement of the father until the child was returned as the trial court was authorized to find that the father had disobeyed, without defense, a legal requirement of a writ of habeas corpus. Salim v. Salim, 244 Ga. 513, 260 S.E.2d 894 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 174.

C.J.S.

- 39A C.J.S., Habeas Corpus, § 270.

ALR.

- Mistreatment of prisoner as contempt, 40 A.L.R. 1278.

Liability of judge, court, administrative officer, or other custodian of person for whose release the writ is sought, in connection with habeas corpus proceedings, 84 A.L.R. 807.

Oral court order implementing prior written order or decree as independent basis of charge of contempt within contempt proceedings based on violation of written order, 100 A.L.R.3d 889.

Cases Citing O.C.G.A. § 9-14-23

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Dallow v. Dallow, 299 Ga. 762 (Ga. 2016).

Cited 20 times | Published | Supreme Court of Georgia | Sep 12, 2016 | 791 S.E.2d 20

...te action, but in the other parent’s county of residence. Subsections (c) and (d) then prevent litigants from evading the pleading and venue strictures of subsections (a) and (b) through the procedures for habeas corpus, see OCGA §§ 9-14-1 to 9-14-23, or by invoking provisions of the Civil Practice Act that allow or require aggregation of claims involving the same parties or general subject matter, see, e.g., OCGA § 9-11-13 (counterclaims). Father relies on § 19-9-23 (c) (2),...
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Patterson v. Earp, 363 S.E.2d 248 (Ga. 1988).

Cited 9 times | Published | Supreme Court of Georgia | Jan 6, 1988 | 257 Ga. 729

...evocation. Georgia's legislative treatment of the writ of habeas corpus appears in Chapter 14 of the Civil Practice Act codified as OCGA Ch. 9-14. The legislature divided the chapter into two articles, with Article I including OCGA § 9-14-1 through § 9-14-23 and Article II including OCGA § 9-14-40 through § 9-14-53....
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Thomas v. Freeman, 695 S.E.2d 22 (Ga. 2010).

Cited 1 times | Published | Supreme Court of Georgia | May 3, 2010 | 287 Ga. 136, 2010 Fulton County D. Rep. 1535

...of record." OCGA § 9-14-41 (emphasis supplied). They are therefore inapplicable to Thomas's pre-conviction habeas corpus petition. The statutes that control Thomas's petition are contained in Article 1 of the habeas statutes. See OCGA § 9-14-1 to § 9-14-23....