Ex parte Ward

Citations

• 173 U.S. 452

Syllabus

<p>Where a court has jurisdiction of an offence and of the accused, and the proceedings are otherwise regular, a conviction is lawful although the judge holding the court, may be only an officer defacto; and the validity of the title of such judge to the office, or his right to exercise the judicial functions, cannot be determined on a writ of habeas corpus; this rule is well settled, and is applicable to this case.</p> <p>The title of a person acting with color of authority, even if he be not a good officer in point of law, cannot be collaterally attacked.</p>