Barnes v. Aderhold

Supreme Court of Georgia

Barnes v. Aderhold

40 S.E.2d 423, 201 Ga. 524, 1946 Ga. LEXIS 265

CourtSupreme Court of Georgia

DecidedNovember 13, 1946

Docket15616.

StatusPublished

This text of 40 S.E.2d 423 (Barnes v. Aderhold) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. Aderhold, 40 S.E.2d 423, 201 Ga. 524, 1946 Ga. LEXIS 265 (Ga. 1946).

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Opinion

Atkinson, Justice.

(After stating the foregoing facts.) The attorney for the plaintiff in error very frankly admits in his brief: “I predicated the petition on grace and mercy, rather than on law. . . I am at a loss to know or to suggest any legal basis upon which this case might be reversed unless . . mercy may be extended to this unfortunate man.” This is a court alone for trial and correction of errors of law. Constitution of 1945, article 6, section 2, paragraph 4 (Code, Ann. Supp., § 2-3704). While the brief filed by the attorney for the plaintiff in error glistens with philosophy, the record discloses no error of law. “Where a habeas corpus proceeding is brought by a person under sentence, it is the appropriate remedy only when the court is without jurisdiction in making the order, rendering the judgment, or passing sentence by virtue of which the party is imprisoned, so that such order, judgment, or sentence is not merely erroneous, but is absolutely void.” Stewart v. Sanders, 199 Ga. 497 (1) (34 S. E. 2d, 649).

Judgment affirmed.

All the Justices concur.

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Atkinson, Justice.

(After stating the foregoing facts.) The attorney for the plaintiff in error very frankly admits in his brief: “I predicated the petition on grace and mercy, rather than on law. . . I am at a loss to know or to suggest any legal basis upon which this case might be reversed unless . . mercy may be extended to this unfortunate man.” This is a court alone for trial and correction of errors of law. Constitution of 1945, article 6, section 2, paragraph 4 (Code, Ann. Supp., § 2-3704). While the brief filed by the attorney for the plaintiff in error glistens with philosophy, the record discloses no error of law. “Where a habeas corpus proceeding is brought by a person under sentence, it is the appropriate remedy only when the court is without jurisdiction in making the order, rendering the judgment, or passing sentence by virtue of which the party is imprisoned, so that such order, judgment, or sentence is not merely erroneous, but is absolutely void.” Stewart v. Sanders, 199 Ga. 497 (1) (34 S. E. 2d, 649).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

40 S.E.2d 423, 201 Ga. 524, 1946 Ga. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-aderhold-ga-1946.

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