Ex parte Finch

Whether a writ of error shall issue from this court to bring up the record of a judgment in a case of habeas corpus is a matter of discretion with the court. It does not issue as a matter of course, either from the court or the clerk’s office. This discretion cannot be intelligently exercised upon the mere motion of the party seeking the writ without any statement of the case which he proposes to present. A petition setting forth the nature of the case, accompanied by a certified copy of the record of the judgment, is the proper basis of a motion in this court for the writ. This motion is an…