Wemme v. Hurlburt

Parties and witnesses are exempt from arrest while going to, in attendance on, and returning from court. This exemption is not prescribed by statute, but is a part of the common law and is a power inherent in courts for the purpose of preventing delay, hindrance or interference with the orderly administration of justice in the courts: 5 C. J. 465, 467, §§ 141, 143; Mullen v. Sanborn, 79 Md, 364 (29 Atl. 522, 47 Am. St. Rep. 421, 25 L. R. A. 721 and extensive note).

In this jurisdiction habeas corpus is not the proper remedy to have one arrested under civil process discharged from such arrest,…