In re Bachtel

Citations

• 21 Ohio C.C. Dec. 159

Syllabus

<p>BANKS — EMBEZZLEMENT—HABEAS CORPUS.</p> <p>1. Habeas Corpus Lies to . Determine Jurisdiction of Committing Court.</p> <p>A writ of habeas corpus lies to determine the jurisdiction of a court unlawfully restraining petitioner of his liberty,' but errors of the trial court cannot be reviewed in such proceedings.</p> <p>z. Act 76 O. L. 74 Held Constitutional.</p> <p>Act 76 O. L. 74, amending and supplementing acts 49 O. L. 41 (Lan. Rev. Stat. 6199; B. 3821-85), the free banking act, comprises only banks created under this act, and is not unconstitutional as being a law of general nature without uniform operation. But even if such amendatory act were unconstitutional, the corresponding section of the original act would not be repealed thereby and would remain a valid and constitutional act under the provisions of which one offending may be prosecuted.</p> <p>[Syllabus approved by the court.]</p>