In re Waldron

"This is an application onhabea-s corpus tobe discharged from arrest. Many of the objections to the arrest in the civil action, are directed against the validity and sufficiency of the affidavit on which the order was granted. But these are matters which cannot be examined on habeas corpus. By one of the provisions of section twenty of the habeas corpus Act, where a party has been committed on a criminal charge, inquiry may be made s„o far as to ascertain if there was reasonable or probable cause for the commitment; but where it appears from the return to the writ of habeas corpus that the party is held by virtue of process issued in a civil action, the only inquiry can be as to the sufficiency of the process on its face, and the juris *4 diction of the officer to issue the process in the case specified. Section fifteen authorizing facts to he alleged showing the imprisonment to be unlawful, is probably intended to apply to other cases than those provided for in section twenty, where the party is held by civil process, and certainly does not authorize a mere review of the errors committed by another judge or court, and perhaps a superior court, in deciding upon the competency or…