Bell v. McNair

Supreme Court of Georgia

Bell v. McNair

129 S.E. 94, 160 Ga. 853, 1925 Ga. LEXIS 280

CourtSupreme Court of Georgia

DecidedAugust 14, 1925

DocketNo. 4972

StatusPublished

Cited by3 cases

This text of 129 S.E. 94 (Bell v. McNair) 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

Bell v. McNair, 129 S.E. 94, 160 Ga. 853, 1925 Ga. LEXIS 280 (Ga. 1925).

Pincite

Opinion

Hines, J.

1. A judge hearing a return to a writ of habeas corpus may, in his discretion, award the costs of the proceeding against either party, and may order execution issued thereon by the clerk. Penal Code, § 1312.

2. The language of the above section, “the costs of the proceeding,” embraces only charges fixed by statute, as compensation for services rendered by the officers of court in the progress of the habeas corpus cause; and does not authorize the judge hearing the return to the writ of habeas corpus to award against the applicant the attorney’s fees of counsel for the respondent. Davis v. State, 33 Ga. 531; Markham v. Ross, 73 Ga. 105.

3. It follows that the trial judge erred in awarding to the respondent attorney’s fees against the applicant for habeas corpus; and to this extent the judgment of the court below is reversed.

Judgment reversed m part.

All the Justices concur.

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