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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-9 Case Law from Google Scholar Amendments to OCGA 9-14-9

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-14-9. When warrant for arrest of person detained to be issued along with writ.

If the affidavit of the applicant to the effect that he has reason to apprehend that the party detaining or holding another in custody will remove him beyond the limits of the county or conceal him from the officers of the law is filed with the petition, the judge granting the writ shall at the same time issue his warrant directed to the sheriff, deputy sheriff, coroner, or any lawful constable of the county requiring the officers to search for and arrest the body of the person detained and to bring him before the judge to be disposed of as he may direct.

(Orig. Code 1863, § 3916; Code 1868, § 3940; Code 1873, § 4016; Code 1882, § 4016; Penal Code 1895, § 1217; Penal Code 1910, § 1298; Code 1933, § 50-109.)

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.

No waiver of personal jurisdiction effected by production of person detained when this section utilized.

- Although when a respondent who is beyond the territorial limits of the court's jurisdiction nevertheless obeys the mandate of the court by producing the person detained, a plea that the court had no jurisdiction to issue a habeas writ should be overruled and the cause of the detention inquired into, such waiver does not apply when the presence of the person detained is brought about by recourse to this section so that the person detained is brought into court, not by act of the respondent, but under process directed to the arresting officer. Fielder v. Sadler, 193 Ga. 268, 18 S.E.2d 486 (1942).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 106, 159.

C.J.S.

- 39A C.J.S., Habeas Corpus, § 316.

ALR.

- Determination, in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 40 A.L.R.2d 1151.

Cases Citing Georgia Code 9-14-9 From Courtlistener.com

Total Results: 1

Baker v. Baker

Court: Supreme Court of Georgia | Date Filed: 2006-02-27

Citation: 627 S.E.2d 26, 280 Ga. 299, 2006 Fulton County D. Rep. 577, 2006 Ga. LEXIS 155

Snippet: authorized to convey partnership property. OCGA §§ 14-8-9, 14-9-403(a). When Wife's father, as he was authorized