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IN RE SWAN

No. 10, Original.

150 U.S. 637 (1893)

14 S.Ct. 225

37 L.Ed. 1207

In re SWAN, Petitioner.

Supreme Court of United States.

Decided December 18, 1893.

Attorney(s) appearing for the Case

Mr. D.A. Townsend, Attorney General of the State of South Carolina, for the petitioner.

Mr. Joseph W. Barnwell, opposing.

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

We reiterate what has so often been said before, that the writ of habeas corpus cannot 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 of the person or of the subject-matter, or authority to render the judgment complained of...

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