In Re the Detention of Bellamy
This text of 135 S.E. 927 (In Re the Detention of Bellamy) 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.
Opinion
The appeal must be dismissed, for the reason, that, except in cases concerning the care and custody of children, no appeal lies from a judgment in a habeas corpus proceeding refusing to discharge a person from custody or confinement, but the remedy, if any, in such a case, is by petition for a writ of certiorari, which is addressed to the sound discretion of the appellate court. S. v. Edwards, ante, 321; In re McCade, 183 N. C., 242; In re Croom, 175 N. C., 455.
While -this course must be pursued, we deem it not amiss to say that a careful examination of the record, considering it as on writ of certiorari (S. v. Hooker, 183 N. C., 763), discloses no error on the part of the learned judge who heard the matter below.
Appeal dismissed.
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Cite This Page — Counsel Stack
135 S.E. 927, 192 N.C. 672, 1926 N.C. LEXIS 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-detention-of-bellamy-nc-1926.