17-3. Who may prosecute writ. Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in cases specified in G.S. 17-4, may prosecute a writ of habeas corpus, according to the provisions of this Chapter, to inquire into the cause of […]
17-4. When application denied. Application to prosecute the writ shall be denied in the following cases: (1) Where the persons are committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such courts or judges have exclusive jurisdiction under the laws of the […]
17-5. By whom application is made. Application for the writ may be made either by the party for whose relief it is intended or by any person in his behalf. (1868-9, c. 116, s. 3; Code, s. 1625; Rev., s. 1823; C.S., s. 2207.)
17-6. To judge of appellate division or superior court in writing. Application for the writ shall be made in writing, signed by the applicant – (1) To any one of the justices or judges of the appellate division. (2) To any one of the superior court judges, either during a session or in vacation. (1868-9, […]
17-7. Contents of application. The application must state, in substance, as follows: (1) That the party, in whose behalf the writ is applied for, is imprisoned or restrained of his liberty, the place where, and the officer or person by whom he is imprisoned or restrained, naming both parties, if their names are known, or […]
17-8. Issuance of writ without application. When the appellate division or superior court division, or any judge of either division, has evidence from any judicial proceeding before such court or judge that any person within this State is illegally imprisoned or restrained of his liberty, it is the duty of said court or judge to […]
