Strickland v. Peacock

Court of Appeals of Georgia

Strickland v. Peacock

77 S.E.2d 20, 88 Ga. App. 384, 1953 Ga. App. LEXIS 1093

CourtCourt of Appeals of Georgia

DecidedJune 12, 1953

Docket34408, 34409

StatusPublished

Cited by2 cases

This text of 77 S.E.2d 20 (Strickland v. Peacock) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Strickland v. Peacock, 77 S.E.2d 20, 88 Ga. App. 384, 1953 Ga. App. LEXIS 1093 (Ga. Ct. App. 1953).

Pincite

Opinion

Felton, J.

The court erred in sustaining the plea to the jurisdiction. Strickland v. Peacock, 209 Ga. 773.

An inmate of the Milledgeville State Hospital may file in his own name a petition under Code §§ 35-236 and 35-237. In fact no formal petition for a trial is required. If in fact an affidavit by a friend or relative is a prerequisite to such a trial, to the effect that the alleged cause of commitment did not and does not exist, and that, if it did, it had ceased to exist, such an affidavit made by counsel for the petitioning inmate is sufficient.

The court did not err in overruling the defendant’s general demurrers. The court erred in sustaining the plea to the jurisdiction and in dismissing the action.

Judgment reversed on the main bill and affirmed on the cross-bill.

Sutton, C. J., and Worrill, J., concur.

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