Opinion
No. 34388
Decided October 26, 1955.
Habeas corpus — Not available to review errors in conduct of trial — Adequate remedy afforded by appeal.
APPEAL from the Court of Appeals for Lucas County.
In a bastardy proceeding the appellee petitioner was adjudged to be the reputed father of complainant's children and was ordered to pay specific sums for expenses, support and maintenance. For inability to furnish bond, petitioner was committed to jail. An appeal in such proceeding was taken to the Court of Appeals and is now pending therein.
Petitioner also filed a motion in the trial court for release from jail, under the provisions of Section 3111.18, Revised Code. This motion was overruled. No appeal was taken from the order overruling the motion.
Petitioner thereafter filed in the Court of Appeals an application for a writ of habeas corpus. Upon hearing, the court found that petitioner was illegally restrained of his freedom and ordered his release. An appeal from that order brings the cause to this court for review.
Mr. William J. Butterfield, for appellee petitioner.
Mr. Harry Friberg, prosecuting attorney, and Mr. Donald Bradley, for appellant respondent.
The Court of Appeals was in error in ordering petitioner released from custody in the habeas corpus proceeding. The remedy for review of any errors or irregularities in the conduct of the proceeding in which petitioner was refused release from jail is by appeal and not by a habeas corpus proceeding, since the committing court had jurisdiction of the subject matter and the person of petitioner. Ellis v. State, 158 Ohio St. 489, 110 N.E.2d 179.
The judgment of the Court of Appeals is reversed and petitioner remanded to custody.
Judgment reversed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.