Darrah v. Westerlage

Citations

• 44 Tex. 388

Syllabus

<p>1. Habeas Corpus.—This writ cannot be made use of to effect an appeal or writ of error.</p> <p>2. Same.—When the return to the writ shows a commitment to enforce a fine imposed by a court, the extent to which the judgment imposing the flue can be investigated is to inquire into the jurisdiction of the court to impose the fine.</p> <p>3. Same.—Darrah was fined by the recorder’s court of the city of Galveston for a breach of an ordinance, and in default of payment was committed to the custody of the chief of police of the city. He obtained a writ of habeas corpus and sought on the hearing to disprove the charge on which he was adjudged guilty by the recorder: Held, That the exclusion of such testimony was not error.</p>