Smith v. Sullivan

Citations

• 33 Wash. 30
• 73 P. 793
• 1903 Wash. LEXIS 485

Syllabus

<p>Police Judge—Temporary Appointment—Authority of De Facto Officer. Under Laws 1899, p 137, § 11, authorizing the mayor to appoint a police judge pro tern, in the absence or disability of the regular judge, such appointee is a de facto judge, and his judgments are not subject to collateral attack by reason of the fact that the regular judge was not absent or disqualified and there was in fact no vacancy.</p> <p>Habeas Corpus—Questioning Judge’s Title to Office. On habeas corpus, the right of the judge ordering the commitment of the prisoner to hold his office can not he inquired into, as that question is wholly distinct from the question of the jurisdiction of the court oyer the offense or the parties.</p>