Commonwealth ex rel. Wilson v. The Keeper of the Jail of Philadelphia
| Decision Date | 01 January 1856 |
| Citation | 26 Pa. 279 |
| Parties | Commonwealth ex rel. Susan Wilson versus The Keeper of the Jail of Philadelphia County. |
| Court | Pennsylvania Supreme Court |
J. S. Tennery, for the motion.
W. B. Reed, contrà.
This is an application for the writ of habeas corpus. On the petitioner's own showing it appears that she is imprisoned by virtue of the sentence of a court of competent jurisdiction, until she pays the fine and costs imposed on a conviction for keeping a disorderly house. It appears also that she applied to be discharged under the insolvent laws, and obtained a temporary discharge, on giving bond to comply with the provisions of law and orders of the court. But the Court of Common Pleas dismissed her petition for the insolvent laws; and she thereupon surrendered herself to jail in discharge of her bond. She is therefore again in imprisonment under the sentence of the court of criminal jurisdiction.
If the object be to nullify, in this collateral way, either of the judgments referred to, it cannot be accomplished. The writ of habeas corpus is not a writ of error. We do not see any error in the proceedings of either court. But if we did, this is not the proper remedy for it. But it may be alleged that a writ of error lies not to the decision of the Common Pleas on an application for the insolvent laws, and that no appeal can be taken in such a case. If this be so, it does not give us authority to disregard their judgments and nullify them by means of a writ of habeas corpus. Such a proceeding would be an abuse of the writ. If there be any remedy, the writ of habeas corpus is not the proper one, and it is therefore refused.
To continue reading
Request your trial
-
Commonwealth v. McKenty
...52 Pa.Super. 332 Commonwealth ex rel. v. McKenty, Appellant Nos. 179Superior Court of ... S. Philadelphia Co.-1909, No. 385, dismissing petition for ... habeas ... People v. Joyce, 246 Ill. 124 (92 N.E. 607); ... Wilson v. Com., 132 S.W. 557; State v ... Farrell, 123 N.W ... 579; Ex parte ... Simmons, 62 Ala. 416; Com. v. Keeper of Jail, 26 Pa ... 279; Com. v. McCabe, 22 Pa. 450; Beale ... ...
-
Com. v. McNeil
... ... 445 Pa.Super. 526 ... COMMONWEALTH of Pennsylvania ... Michael McNEIL, Appellant ... , Assistant District Attorney, Philadelphia, for Commonwealth, appellee ... Id. (citing Commonwealth ex rel. Kennedy v. Myers, 393 Pa. 535, 143 A.2d 660, ... Id. (citing Commonwealth ex rel. Wilson v. Keeper of Jail of Philadelphia County, 26 Pa ... ...
-
Joseph v. Glunt
... ... Commonwealth" v. Woodens, 23 A.3d 1082 (Pa.Super.2011) (table).\xC2" ... (2013) ( per curiam ) (citing Commonwealth ex rel. Bryant v. Hendrick, 444 Pa. 83, 280 A.2d 110, ... Commonwealth ex rel. Wilson v. Keeper of the Jail of Philadelphia County, 26 ... ...
-
Commonwealth v. Bell
... ... common jail in custody of the sheriff, until such time as he ... would ... NO. 36: ... COMMONWEALTH, EX REL. DOWNING ... OPINION, ... MR. JUSTICE STERRETT: ... ...