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50 Ohio St. 2d 192

In re Smith

Ohio Supreme Court

Decided June 15, 1977

Ohio Supreme Court · decided 1977-06-15

Cited by 1 later decisions — most recently March 1981

1 state decisions

Relies on 7 Ohio St. 2d 102 - In re Piazza

Good law ✅— No negative treatment on recordhow we know

Decided 1977-06-15

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Per Curiam.

¶1The courts of this state haye the power to summarily punish an individual for contempt. The alleged errors asserted by petitioner do not attack the jurisdiction of the Court of Common Pleas to sentence him for contempt. The purpose of habeas corpus is to inquire into alleged unlawful restraints of liberty and it is not the proper remedy to inquire into non-jurisdictional errors or irregularities. See Baker v. Sacks (1961), 172 Ohio St. 340.

¶2Habeas corpus is an extraordinary remedy and is not available as a means of relief where there is an adequate remedy in the ordinary course of the law. In re Piazza (1966), 7 Ohio St. 2d 102.

¶3Petitioner’s proper remedy is by way of appeal from the judgment of the Court of Common Pleas.

¶4Therefore, the petition for a writ of habeas corpus is hereby dismissed.

¶5Petition dismissed.

0 ’Neill, C. J., Hebbeet, Celebbezze, W. Bbown, P. Bbown, Sweeney and Looheb, JJ., concur.
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