Sneed v. Conboy, Judge

Full title: SNEED ET AL. v. CONBOY, JUDGE

Court: Supreme Court of Indiana

Date published: Jan 3, 1944

52 N.E.2d 43 (Ind. 1944)

52 N.E.2d 43

Opinion

No. 27,952.

Filed January 3, 1944.

HABEAS CORPUS — Jurisdiction — Petition Disclosing Lack of Jurisdiction — Judgment Denying Relief Proper. — Where a petition for writ of habeas corpus discloses upon its face that the court was without jurisdiction to grant it, judgment denying the petition will be affirmed.

From the LaPorte Circuit Court; Frank J. Conboy, Judge.

Original action by George Sneed and another against Frank J. Conboy, Judge of LaPorte Circuit Court, treated as an appeal from a judgment denying a motion for a writ of habeas corpus. Affirmed.

George Sneed and Robert R. Foxall, pro ses.

PER CURIAM.

While this is an original action, it will be treated as an appeal from the judgment of the La Porte Circuit Court denying a motion for a writ of habeas corpus, since the record shows that the petition for the writ discloses upon its face that the court was without jurisdiction to grant the writ. See Bevington v. Baker, Judge (1943), ante p. 24, 51 N.E.2d 635.

Judgment affirmed.

NOTE. — Reported in 52 N.E.2d 43.