§ 17-4. When application denied. - North Carolina Statutes

§17‑4.  When application denied.

Application to prosecute thewrit shall be denied in the following cases:

(1)        Where the personsare committed or detained by virtue of process issued by a court of the UnitedStates, or a judge thereof, in cases where such courts or judges have exclusivejurisdiction under the laws of the United States, or have acquired exclusivejurisdiction by the commencement of suits in such courts.

(2)        Where persons arecommitted or detained by virtue of the final order, judgment or decree of acompetent tribunal of civil or criminal jurisdiction, or by virtue of anexecution issued upon such final order, judgment or decree.

(3)        Where any person haswillfully neglected, for the space of two whole sessions after hisimprisonment, to apply for the writ to the superior court of the county inwhich he may be imprisoned, such person shall not have a habeas corpus invacation time for his enlargement.

(4)        Where no probableground for relief is shown in the application. (1868‑9, c. 116, s. 2; Code,s. 1624; Rev., s. 1822; C.S., s. 2206; 1971, c. 528, s. 1.)