Lillibridge v. State ex rel. Stewart

Citations

• 18 Ohio C.C. Dec. 481
• 7 Ohio C.C. (n.s.) 452
• 1905 Ohio Misc. LEXIS 482

Syllabus

<p>EVIDENCE — HABEAS CORPUS.</p> <p>Donahue, McCarty and Taggart, JJ.</p> <p>Habeas Corpus not Pkopeb Pboceedings where Evidence Outside the Record would Show that Jurisdiction was Wrongfully Exercised,</p> <p>The rule that evidence may be heard de hors the record, applies only to evidence relating to the jurisdiction of the court, and to the extent of establishing such jurisdiction. If it appear from the record that the court had jurisdiction of a criminal cause but proceeded in fact to exercise that jurisdiction erroneously and to commit the prisoner wrongfully, the remedy is not in habeas corpus but in the prosecution of error; and, prior to such proceeding, the record, if it does not show such irregularity, must be corrected in a proper proceeding for that purpose.</p> <p>[Syllabus approved by the court.]</p>