§ 17-32. Proceedings on return; facts examined; summary hearing of issues. - North Carolina Statutes

§17‑32.  Proceedings on return; facts examined; summary hearing of issues.

The court or judge before whomthe party is brought on a writ of habeas corpus shall, immediately after thereturn thereof, examine into the facts contained in such return, and into thecause of the confinement or restraint of such party, whether the same has been upon commitment for any criminal or supposed criminal matter or not; and ifissue be taken upon the material facts in the return, or other facts arealleged to show that the imprisonment or detention is illegal, or that theparty imprisoned is entitled to his discharge, the court or judge shallproceed, in a summary way, to hear the allegations and proofs on both sides,and to do what to justice appertains in delivering, bailing or remanding suchparty. (1868‑9, c. 116, s. 19; Code, s. 1644; Rev., s.1846; C.S., s. 2234.)