Ex-parte Bowen

Raney, C. J.:

It is not the function of a writ of habeas corpus to bring in review any irregularly or mere error of procedure committed by the judicial tribunal having jurisdiction of the cause and the person and under whose final judgment the party claiming to be unlawfully restrained of his liberty may be held. Such irregularities do not affect the jurisdiction of the Court, or render the judgment void ; they make it voidable upon an appeal or writ of error or similar direct proceeding, but can not be considered in a collateral proceeding. If the judgment is void, either because of want of…