In re Crandall for a Habeas Corpus
Wisconsin Supreme Court
APPLICATION for a1 Writ of Habeas Corpus. The petition of Walter C. Crandall to this court stated that he was unlawfully imprisoned by the sheriff of Rock county, in the county jail of said county ; and that he was not committed or detained by virtue of any process, judgment, order or execution specified in the second section of ch. 158 of the revised statutes of this state; nor by virtue of the final judgment or order of any competent tribunal of civil or criminal…
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APPLICATION for a1 Writ of Habeas Corpus. The petition of Walter C. Crandall to this court stated that he was unlawfully imprisoned by the sheriff of Rock county, in the county jail of said county ; and that he was not committed or detained by virtue of any process, judgment, order or execution specified in the second section of ch. 158 of the revised statutes of this state; nor by virtue of the final judgment or order of any competent tribunal of civil or criminal jurisdiction, nor by virtue of any execution issued on such order or judgment. The petition further stated the cause or pretense…
1Opinion of the Court
Dixon, O. J.
It is conceded that for mere error, no matter how flagrant, the remedy is not by writ of habeas corpus. For error the party imprisoned must prosecute his writ of error or certiorari. Nothing will be investigated on habeas corpus except jurisdictional defects, or illegality, as some courts and authors term it; by which is meant the want of any legal authority for the detention or imprisonment. The defect here complained of is not jurisdictional. It was at most mere error. There was authority of law expressly given by statute for the sentence pronounced by the circuit court against…
2Cited by28 opinions
- Ex parte MooneyWest Virginia Supreme Court · 1885
- Dye v. SkeenWest Virginia Supreme Court · 1950
- Smith v. HessIndiana Supreme Court · 1884
- Ex-parte BowenSupreme Court of Florida · 1889
- In re CarlsonWisconsin Supreme Court · 1922
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