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2018 Georgia Code 9-14-8 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-14-8. Service of writ.

The writ of habeas corpus shall be served by delivery of a copy thereof by any officer authorized to make a return of any process or by any other citizen. The entry of the officer or the affidavit of the citizen serving the writ shall be sufficient evidence of the service. The person serving the writ shall exhibit the original if required to do so. If personal service cannot be effected, the writ may be served by leaving a copy at the house, jail, or other place in which the party in whose behalf the writ issues is detained.

(Orig. Code 1863, § 3915; Code 1868, § 3939; Code 1873, § 4015; Code 1882, § 4015; Penal Code 1895, § 1216; Penal Code 1910, § 1297; Code 1933, § 50-108.)

JUDICIAL DECISIONS

Editor's notes.

- Article 2 of this chapter now provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of sentence of a state court of record, expanding the scope of habeas in such cases. See O.C.G.A. §§ 9-14-40 and9-14-41.

Cited in Nichols v. Love, 227 Ga. 659, 182 S.E.2d 439 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 151.

C.J.S.

- 39A C.J.S., Habeas Corpus, § 274.

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