§ 17-37. When party ill, cause determined in his absence.
§17‑37. When party ill, cause determined in his absence.
When, from the illness orinfirmity of the person directed to be produced by a writ of habeas corpus,such person cannot, without danger, be brought before the court or judge wherethe writ is made returnable, the party in whose custody he is may state thefact in his return to the writ; and if the court or judge is satisfied of thetruth of the allegation, and the return is otherwise sufficient, the court orjudge shall proceed to decide on such return and to dispose of the matter inthe same manner as if the body had been produced. (1868‑9, c. 116, s. 23;Code, s. 1648; Rev., s. 1851; C.S., s. 2239.)