US Lawyer Database

§53-4-12. Disposition of Prisoner and Proceedings Pending Writ of Error

When the prisoner is remanded, the execution of the judgment shall not be suspended by the writ of error, or suspended for the purpose of applying for one; but where he is ordered to be discharged, and the execution of the judgment to be suspended for the purpose of applying for a writ of error, […]

§53-4-2. To Whom Writ Directed; Return of Writ

The writ shall be directed to the person in whose custody the petitioner is detained and made returnable as soon as may be. If the writ be ordered by any court or judge other than the Supreme Court of Appeals or a judge thereof, it shall be returnable before the court or judge ordering it, […]

§53-4-1. When and by Whom Writ Granted

The writ of habeas corpus ad subjiciendum shall be granted forthwith by the Supreme Court of Appeals, or any circuit court, or any other court given power by any particular statute to grant the same, or any judge of either court in vacation, to any person who shall, by himself or by someone in his […]