Harrington v. Jones

• Decision Date: 23 February 1909
• Citation: 53 Or. 237,99 P. 935
• Parties: HARRINGTON v. JONES, Sheriff.
• Court: Oregon Supreme Court

99 P. 935

53 Or. 237

HARRINGTON v. JONES, Sheriff.

Supreme Court of Oregon

February 23, 1909

Appeal from Circuit Court, Jackson County; H.K. Hanna, Judge.

Habeas corpus proceedings by John Harrington against Wilbur Jones sheriff of Jackson county. Writ refused, and plaintiff appeals. Reversed and cause remanded, with directions to issue writ.

R.G Smith, for appellant.

BEAN, J.

This is an appeal from an order made by the judge of the circuit court for the First judicial district refusing to issue a writ of habeas corpus to inquire into the cause of the imprisonment of John Harrington. From the petition and accompanying documents it appears that in April, 1907 Frances M. Snyder was appointed administratrix of the partnership estate of Victor E. Snyder and John Harrington by the county court of Jackson county; that such court made an order requiring petitioner, as the surviving partner, to deliver and turn over to the executrix the partnership property; that he refused to deliver to her all the property which she claims belonged to the partnership, and in January 1909, a citation issued from the county court requiring him to appear, and show the cause, if any, why he should not be required to do so. In obedience to this citation, he appeared, and for answer thereto stated that he claimed the property in controversy as his own, and that the title to the same was involved in a suit in equity between himself and the administratrix of the partnership estate, notwithstanding which answer the county court ordered and directed him to deliver to the executrix such property, and that he be imprisoned in the county jail until he complied therewith. A warrant of arrest was thereupon issued, and petitioner arrested and committed to imprisonment. The petition further alleges that, after the order of the county court was made the petitioner delivered to the administratrix all the property in his possession, which she alleges belongs to the partnership estate, but, notwithstanding such delivery, the sheriff still retains him in custody for the alleged reason that she claims that he did not deliver all such property. The circuit judge refused to allow the writ, and the petitioner appeals.

The refusal to grant the writ of habeas corpus was apparently based on the theory that the petitioner was in prison by virtue of a judgment or decree of a competent tribunal, and therefore, under section 660, B. & C. Comp., was not entitled to prosecute the writ. It is familiar law that habeas corpus proceedings cannot be resorted to for the purpose of reviewing judgments or decrees of a court of competent jurisdiction for either errors of fact or law. It cannot be made to serve the purpose of an appeal. But, unless the court issuing the commitment had jurisdiction of the person and the subject-matter, its judgment is void, and may be questioned in a habeas corpus proceeding. The statute provides that the surviving partner on demand of the administrator of a partnership estate shall deliver to him all the property of the partnership, and...