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IN RE TYLER

No. 17. Original.

149 U.S. 164 (1893)

13 S.Ct. 785

37 L.Ed. 689

In re TYLER, Petitioner.

Supreme Court of United States.

Decided April 24, 1893.

Attorney(s) appearing for the Case

Mr. Ira B. Jones, (with whom was Mr. Samuel Lord on the brief,) for the petitioners in all the cases.

Mr. Hugh L. Bond, Jr., (with whom were Mr. Henry Crawford and Mr. J.S. Cothran on the brief,) for the respondents in the cases of Tyler, Gaines and Ryser, petitioners in Nos. 16, 17 and 18.

Mr. D.A. Townsend, Attorney General of the State of South Carolina, filed a brief for all the petitioners.

Mr. Joseph W. Barnwell for the respondent in No. 17, Tyler, petitioner.

Mr. John Randolph Tucker closed for all the petitioners.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

Unless the order of commitment was utterly void for want of power, this application must be denied. The writ of habeas corpus is not to be used to perform the office of a writ of error or appeal; but when no writ of error or appeal will lie, if a petitioner is imprisoned under a judgment of the Circuit Court, which had no jurisdiction...

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