 | 1859 - 292 pagina’s
...irregularity. If it were, so far as this point is concerned, we should be obliged to remand the prisoners; for the writ of habeas corpus cannot be made to perform the functions of a writ of error. But, 2d. This defect is an illegality. The averment omitted is of the essence of the crime ; without... | |
 | 1859 - 300 pagina’s
...irregularity. If it were, so far as this point is concerned, we should bo obliged to remand the prisoners ; for the writ of habeas corpus cannot be made to perform the functions of a writ of error. But, 2d. This defect is an illegality. The averment omitted is of the essence of the crime ; without... | |
 | United States. Supreme Court - 1867 - 732 pagina’s
...which it issued would have been held correct. Commissioner of Patents v. Whilcley, 5-2. 4. Mandamus cannot be made to perform the functions of a writ of error. Ib. 5. Mandamus will lie to compel a municipal corporation to levy and collect taxes which payment... | |
 | United States. Supreme Court - 1869 - 802 pagina’s
...decision reviewed by another tribunal. ... It is applicable only in these two classes of cases. It cannot be made to perform the functions of a writ of error." And to the same purpose are Ex parte Hoytf and Exparte Taylor.l Mr. Justice SWAYNE, not having heard... | |
 | United States. Supreme Court - 1870 - 800 pagina’s
...of error, and therefore a mandamus will not lie. "We have repeatedly held that the writ of mandamus cannot be made to perform the functions of a writ of error. In the recent case of the Commissioner v. Whiteley,* the following language was used without dissent:... | |
 | Charles Sidney Whitman - 1871 - 736 pagina’s
...his decision reviewed by another tribunal. "It is applicable only in these two classes of cases. It cannot be made to perform the functions of a writ of error. "In Decaturv. Paulding, (14 Pet., 515,) referring to an act of Congress under which the relator in... | |
 | Charles Sidney Whitman - 1871 - 734 pagina’s
...his decision reviewed by another tribunal. "It is applicable only in these two classes of cases. It cannot be made to perform the functions of a writ of error. "In Decaturv. Paulding, (14 Pet., 515,) referring to an actof Congress under which the relator in that... | |
 | Charles Sidney Whitman - 1875 - 814 pagina’s
...his decision reviewed by another tribunal. It is applicable only in these two classes of cases. It cannot be made to perform the functions of a writ of error. In Decatur v. Pavlding, 14 Peters, 515, referring to an act of Congress under which the relator in... | |
 | 1875 - 722 pagina’s
...his dicision reviewed by another tribunal." " It is applicable only in these two classes of cases. It cannot be made to perform the functions of a writ of error." Com'r v. Whiteley, 4 Wall. 534. Nor can it be used so to act as an appeal from the determination of... | |
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A writ of habeas corpus cannot be made to perform the functions of a writ of error. 
