Shiflett v. Dobson

• Court: Georgia Supreme Court
• Writing for the Court: GILBERT, Justice.
• Citation: Shiflett v. Dobson, 180 Ga. 23, 177 S.E. 681 (Ga. 1934)
• Decision Date: 13 December 1934
• Docket Number: 10512,10531.
• Parties: SHIFLETT v. DOBSON. DOBSON v. SHIFLETT.

177 S.E. 681

180 Ga. 23

SHIFLETT v. DOBSON.

DOBSON v. SHIFLETT.

Nos. 10512, 10531.

Supreme Court of Georgia

December 13, 1934

Syllabus by the Court.

1. A writ of habeas corpus cannot be used as a substitute for appeal, writ of error, or other remedial procedure for the correction of errors or irregularities alleged to have been committed by a trial court.

2. Where to a habeas corpus petition is attached as an exhibit a record of commitment proceedings before the court of ordinary of another county, which affirmatively shows jurisdiction in that court, the facts stated in the exhibit must be accepted as true as against the petitioner, and require no proof; and if that record is not introduced in evidence, this court must assume that the record affirmatively shows such jurisdictional facts on its face. Under such circumstances the petitioner cannot seek to disprove such jurisdiction by extraneous evidence.

3. The court did not err in holding that it could not consider testimony adduced at the habeas corpus hearing to show that the petitioner was not insane, and not a resident of Floyd county, Ga., at the time of the commitment proceedings before the court of ordinary of that county, that it could not go behind the finding of facts by such court of ordinary, and in dismissing the habeas corpus proceedings.

Error from City Court of Richmond County; Gordon W. Chambers Judge.

Habeas corpus proceeding by George W. Shiflett against Dr. William M. Dobson, manager in charge of the Veterans' Administration Hospital, United States Public Health Hospital No. 62. To review a judgment dismissing the proceeding petitioner brings error, and defendant files a cross-bill of exceptions.

Affirmed on main bill of exceptions, and cross-bill dismissed.

RUSSELL C.J., dissenting.

Forrest C. Oates, Jr., of Cedartown, and J. C. Whatley, Jr., and Lester & Whatley, all of Augusta, for plaintiff in error.

Vaux Owen, of Atlanta, for defendant in error.

GILBERT Justice.

George W. Shiflett filed, in the city court of Richmond county at Augusta, Ga., on August 6, 1934, an application for a writ of habeas corpus alleging that he was illegally being restrained of his liberty by being confined and held in custody by Dr William M. Dobson, manager in charge of the Veterans' Administration Hospital, United States Public Health Hospital No. 62, or other officials or employees of said hospital under the pretense that he was insane; that he was illegally committed to said Veterans' Administration Facility in the City of Augusta, by the Hon. Harry Johnson, ordinary of Floyd county, Ga., a certified copy of the commitment proceedings being attached to the petition, marked "Exhibit A," and made a part thereof; that the said detention of the body of the petitioner was illegal, because the said court of ordinary of Floyd county, Ga., had no authority to issue said warrant, and no jurisdiction over the person of petitioner, as petitioner was then, and was at the time said warrant was issued, a resident of Polk county, Ga., and had been for more than four years prior to such proceedings; that he had requested the Veterans' Administration Facility to allow him to return to his home, but that the officers and employees of the same refused to do so, and that they continued to illegally restrain and detain him. He prayed that a writ of habeas corpus be issued, directed to the said Dobson, requiring him to bring petitioner before the court for the purpose of examining into the cause of his detention. The copy attached as an exhibit discloses that after a hearing before a lunacy commission, duly constituted, in Floyd county, Ga., Shiflett was adjudged by the ordinary to be a lunatic or person of unsound mind and on June 26, 1934, was ordered to be committed to the Veterans' Administration Facility at Augusta, Ga., until again restored to his right reason and sound mind; that a guardian of the person of Shiflett was appointed; and that after the issuance of a certificate by the Veterans' Administration Facility, Shiflett was by it rated as an incompetent veteran, and was by it admitted into its hospital at Augusta, Ga., where he has since been detained.

The defendant answered the writ, admitting the detention of Shiflett, but denying that such custody was unlawful; alleging that he was incompetent by reason of epilepsy, grand mal, with mental deterioration, and was being detained pursuant to the order of commitment above mentioned; that the release of Shiflett would endanger the lives of himself and others; that he was in need of treatment for his condition, and was receiving treatment as a disabled veteran of the World War, under the laws of the United States government; that such treatment will be continued until he is again restored to his right reason and sound mind; that the commitment had not been appealed from; and that Charles W. Morris, his legal guardian, upon whose application Shiflett was admitted to the Veterans' Administration Facility at Augusta, Ga., had not requested his release. The body of Shiflett was produced in court. Counsel for the defendant made a motion that the case be dismissed for lack of jurisdiction, it being urged that Shiflett was being detained in territory which had been ceded by the state of Georgia to the United States government, and that only the federal courts had jurisdiction of the case. Certain testimony was introduced by petitioner to show that Shiflett was not a resident of Floyd county, Ga., and was not insane, at the time of the hearing before the ordinary of Floyd county. The court rendered judgment that "petitioner, George W. Shiflett, is not illegally restrained of his liberty by Dr. William M. Dobson. The court accepts the findings of fact on the part of the court of ordinary of Floyd County, Georgia, as being true so far as these proceedings are concerned; and there being no issue as to that court's jurisdiction to commit George W. Shiflett (if a citizen of Floyd County) to the Veterans Facility in Augusta, Georgia, this action of habeas corpus is dismissed without prejudice as to any appeal petitioner may care to make on the facts at the hearing before the ordinary of Floyd County, Ga." The petitioner excepted to that judgment. The defendant excepted by cross-bill to the judgment overruling the motion to dismiss for lack of jurisdiction.

The introduction of testimony in the city court of Richmond county as to the residence and mental condition of George W Shiflett at the time of the hearing before the ordinary of Floyd county, Ga., was, in effect, an effort to retry or review the findings of fact by the latter court. The Civil Code 1910,§ 3094, provides for an appeal to the superior court of the county in which the ordinary presides. A writ of habeas corpus cannot be used as a substitute for appeal, writ of error, or other remedial procedure. McFarland v. Donaldson, 115 Ga. 567, 41 S.E. 1000; Harrell v. Avera, 139 Ga. 340 (1), 77 S.E. 160; Blackstone v. Nelson, 151 Ga. 706, 108 S.E. 114; Wells v. Pridgen, 154 Ga. 397, 114 S.E. 355; Strickland v. Thompson, 155 Ga. 125, 116 S.E. 593; Fleming v. Lowry, 173 Ga. 894, 162 S.E. 144; Etheridge v. Poston, 176 Ga. 388 (5), 168 S.E. 25; In re Swan, 150 U.S. 637, 14 S.Ct. 225, 37 L.Ed. 1207; Andersen v. Treat, 172 U.S. 24, 19 S.Ct. 67, 43 L.Ed. 351. See, also, 12 R.C.L. 1192, 1193, 1194, for a good statement of the rule. In Saunders v. Lowry (C.C.A.) 58 F. (2d) 158 (3), it was held: "Petitioner, not having availed himself of remedies by application to trial court and by appeal to correct injury complained of, held not entitled to resort to habeas corpus." That case originated in Georgia, and in the decision the following cases were cited: Ex parte Royall, 117 U.S. 241, 6 S.Ct. 734, 29 L.Ed. 868; Frank v. Mangum, 237 U.S. 309, 35 S.Ct....