In Re McCade

Supreme Court of North Carolina

In Re McCade

111 S.E. 3, 183 N.C. 242, 1922 N.C. LEXIS 248

CourtSupreme Court of North Carolina

DecidedMarch 29, 1922

StatusPublished

Cited by5 cases

This text of 111 S.E. 3 (In Re McCade) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re McCade, 111 S.E. 3, 183 N.C. 242, 1922 N.C. LEXIS 248 (N.C. 1922).

Pincite

Opinion

Hoke, J.

It appears that the petitioner, Blanche McCade, being imprisoned in the common jail of Wake County under a sentence in a •criminal action, sued out the writ of habeas corpus, alleging the invalidity of the judgment against her for causes specified. His Honor, on inspection, of the record, and other evidence offered, being of opinion that petitioner was under a lawful sentence, entered judgment in denial of the prayer of the petitioner and that she be remanded to jail.

It is the law of this State that except in cases concerning the care and custody of children, no appeal lies from a judgment in habeas corpus proceedings, but the same must be reviewed, if at all, on writ of cer-tiorari, duly applied for and resting in the sound discretion of the court. In re Lee Croom, 175 N. C., 455; citing Ice Co. v. R. R., 125 N. C., 17, and In re Holley, 154 N. C., 163.

In deference to these and other like decisions, we must hold that the appeal of the petitioner be dismissed.

Appeal dismissed.

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