Ex parte McCullough

Citations

• 35 Cal. 97

Syllabus

<p>Office of the Writ of Habeas Corpus.—Habeas corpus is the proper remedy for every unlawful imprisonment, both in civil and criminal cases j but an imprisonment is not unlawful, in the sense of this rule, merely because the process or order under which the party is held has been irregularly issued, or is erroneous.</p> <p>Idem.—The functions of the writ, where the party appealing to its aid is in custody under process, does not extend beyond an inquiry into the jurisdiction of the Court by which it was issued, and the validity of the process upon its face.</p> <p>Idem—Property Exempt from Execution.—The petitioner, against whose property an execution, in pursuance of a lawful judgment recovered against him, had been issued, refused to deliver to the Sheriff a certain paid up life insurance policy in satisfaction of the execution, on the ground that the policy was exempt under the statute concerning life insurance policies. (Stats. 1867-8, p. 500.) In a proceeding supplementary to execution, regularly taken and pursued, a final order was made by the Court in which the judgment had been rendered, requiring petitioner to deliver the policy in satisfaction of the execution; and on his refusal to obey the order, committed him to the County Jail until it should be obeyed. Held, first, that the Court had jurisdiction of the whole subject matter, and of the person of the petitioner, and that the process under which he was held was upon its face valid; second, that under the writ of habeas corpus, it is not competent to determine whether or not the order of the Court upon which the process was founded is or is not erroneous.</p>