Ex parte Rollins

Citations

• 80 Va. 314
• 1885 Va. LEXIS 69

Syllabus

<p>1. HABEAS CORPUS- Where it lies not.-The remedy for mere errors in prdceedings of courts of competent jurisdiction, is by writ of error or ap~ea1. and not by writ of habeas corj'us.</p> <p>2. Io~ar- Where it lies.-Where the proceedings, whether civil or criminal, under which a party is detained in custody are void, as where the court has no jurisdiction, or where the statute under which the proceedings are inaugurated is unconstitutional, the same are reviewable on habeas corbus. and the uartv may be discharaed.</p> <p>3. UNCONSTITUTIONAL-Zfller-S1&C commerce.-Sections 39 and 40, of chapter 1, of the revenue laws of Virginia, (Acts 1883-'4, p. 582), are unconstitutional, because discriminating in favor of publishers of books, &c., in this state, and against such publishers in other states, thus contravening clause 3, seition 8, article 1, of the Federal constitution, which gives Congress the right to regulate commerce between the several states. Webber v. Virginia, 103 U. S. 344.</p>