In Re Tyler
Supreme Court of the United States
ORIGINAL. .This was a petition for a writ of habeas corpus filed by leave: of court March 7, 1893,' by M. Y. Tyler, sheriff of the county of Aiken, South Carolina, representing that he is unjustly detained by Gr. I. Cunningham, United States marshal for the 'District of South Carolina, to which the marshal made return upon a rule laid upon him to do so.
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ORIGINAL. .This was a petition for a writ of habeas corpus filed by leave: of court March 7, 1893,' by M. Y. Tyler, sheriff of the county of Aiken, South Carolina, representing that he is unjustly detained by Gr. I. Cunningham, United States marshal for the 'District of South Carolina, to which the marshal made return upon a rule laid upon him to do so. The facts appearing from the petition, return, and accompanying documents are as '.follows: On December 5, 1889, in the case of Bo'tmd v. The South Carolina Railway Company, Daniel H. Chamberlain was appointed receiver of the railway company…
1Opinion of the Court
Me. Chief Justice Fullee,
after stating the case, delivered, the opinion of the court.
Unless the order of commitment was utterly void for want of power, this application must be denied. The writ of habeas corpus is not to be used to perform the office of a writ of error- or appeal; but when no writ of error or appeal will lie, if a petitioner is imprisoned under a judgment of .the Circuit Court, which had no jurisdiction of the person' or of the subject matter, or authority to render the judgment complained of, then relief may be accorded. Ex parte Parks, 93 U. S. 18; Ex parte Terry, 128 U. S.…
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