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One Limitation On The Use Of The Writ Of Habeas Corpus, Jack J. Lobdell

Washington Law Review

The Supreme Court of Washington has described the writ of habeas corpus as being the appropriate remedy for a person who has been illegally deprived of his liberty. This description was made by way of preface to a holding that emphatically denied use of the writ by one who claimed such illegal deprivation. The reason for the denial was found by the court to lie in a settled rule at common law, which has been preserved by statute, which is generally as follows: the writ will not lie where the petitioner is held on a final judgment of a court …