Ex parte Rollins
Supreme Court of Virginia
The petitioner, Rollins, was taken into custody by the sheriff of Roanoke county, under a writ of capias ad respondendurn, issued from the clerk's office of the county court of said county, in an action of debt wherein the commonwealth was plaintiff, and the petitioner was defendant.
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The petitioner, Rollins, was taken into custody by the sheriff of Roanoke county, under a writ of capias ad respondendurn, issued from the clerk's office of the county court of said county, in an action of debt wherein the commonwealth was plaintiff, and the petitioner was defendant. The action was under Code 1873, chapter 34, section 87, which enacts that the penalties prescribed by the revenue laws, except those recoverable in the circuit court of the city of Richmon~d by existing laws, shall be recoverable by action of debt, presentment, indictment, or information, and is founded on the…
1Opinion of the Court
Lewis, P.
(after stating tbe case), delivered tbe opinion of the"’ court.
The first question is, whether, on tbe facts appearing by tbe return, tbe case is a proper one to be considered on habeas corpus.
It is a well-established and undisputed principle that mere errors in tbe proceedings of a court of competent jurisdiction cannot be reviewed on habeas corpus. In such case tbe remedy, if any, is by writ of error or appeal. But where tbe proceedings under which tbe party complaining is detained in custody are void, as where tbe court is without jurisdiction, tbe same are reviewable on habeas…
2Cases cited8 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Welton v. MissouriSupreme Court of the United States · 1876
- Ex Parte ParksSupreme Court of the United States · 1876
- Ex Parte KearneySupreme Court of the United States · 1822
- Ex parte RandolphU.S. Circuit Court for the District of Virginia · 1833
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3Cited by18 opinions
- Ex parte SettleSupreme Court of Virginia · 1913
- Ex parte EvansWest Virginia Supreme Court · 1896
- Hobson v. YouellSupreme Court of Virginia · 1941
- Yutze v. CopelanOhio Supreme Court · 1923
- Moore v. WheelerSupreme Court of Georgia · 1900
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