Ex Parte Mccade.
| Decision Date | 29 March 1922 |
| Docket Number | (No. 258.) |
| Citation | 111 S.E. 3 |
| Court | North Carolina Supreme Court |
| Parties | Ex parte McCADE. |
Appeal from Superior Court, Wake County; Bond, Judge.
Application by Blanche McCade for writ of habeas corpus to secure release from imprisonment, and, from a judgment denying her prayer and remanding her to custody, the petitioner excepts and appeals. Appeal dismissed.
Charles U. Harris, of Raleigh, for appellant.
J. S. Manning, Atty. Gen., and Prank Nash, Asst. Atty. Gen., for the State.
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 certiorari, duly applied for and resting in the sound discretion of the court. In re Lee Croom, 175 N. C. 455, 95 S. E. 903, citing Ice Co. v. R. R., 125 N. C. 17, 34. S. E. 100; and In re Holley, 154 N. C. 163, 69 S. E. 872.
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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State v. Hooker
... ... reviewed, if at all, by writ of certiorari, which rests in ... the sound discretion of the appellate court. In re ... Blanche McCade (N. C.) 111 S.E. 3, at the present term, ... citing among other authorities, In the Matter of Lee ... Croom, 175 N.C. 455, 95 S.E. 903; In re ... court, a statement of the doctrine supported in numerous ... and authoritative decisions here and ... elsewhere"--citing Ex parte McCown, 139 N.C. 95, 51 ... S.E. 957, 2 L. R. A. (N. S.) 603; In re Schenck, ... 74 N.C. 607; In re Swan, 150 U.S. 637, 14 S.Ct ... 225, 37 L.Ed ... ...
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Palmer, In re, 370
...State v. Edwards, 192 N.C. 321, 135 S.E. 37. Whether certiorari will be granted rests in the sound discretion of the Court. In re McCade, 183 N.C. 242, 111 S.E. 3; In re Croom, After a careful examination of the record, this Court, in the exercise of its discretion, declines to issue writ o......
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In Re Hayes., 329.
...which in proper cases is a substitute for an appeal. C. S. § 630; State v. Edwards, 192 N. C. 321, 135 S. E. 37'; In re McCade, 183 N. C. 242, 111 S. E. 3; In re Croom, 175 N. C. 455, 95 S. E. 903; In re Holley, 154 N. C. 163, 69 S. E. 872. The petition for a writ of certiorari was allowed.......
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State v. Green
...State v. Edwards, 192 N.C. 321, 135 S.E. 37. Whether Certiorari will be granted rests in the sound discretion of the Court. In re McCade, 183 N.C. 242, 111 S.E. 3; In re Croom, supra (175 N.C. 455, 95 S.E. The petition contains some but not all of the necessary allegations required in a pet......