Bailer v. Dowd

This is a collateral attack on a judgment of the Allen Circuit Court by a petition for a writ of habeas corpus filed in the LaPorte Circuit Court. Appellant claims that the judgment upon which he was committed was void because the entry thereof was not signed by the judge. The trial court thought otherwise and quashed the petition. It is conceded that if the lack of the judge’s signature is merely an irregularity the principle stated in State ex rel. O’Leary v. Smith, Judge (1941), ante p. 111, 37 N. E. (2d) 60; State ex rel. Kunkel et al. v. Circuit Court of LaPorte County (1936), 209 Ind.…