Ex Parte Ward,
173 U.S. 452 (1899)

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U.S. Supreme Court

Ex Parte Ward, 173 U.S. 452 (1899)

Ex Parte Ward

No number

Submitted February 20, 1899

Decided March 20, 1899

173 U.S. 452


Where a court has jurisdiction of an offense and of the accused, and the proceedings are otherwise regular, a conviction is lawful although the judge holding the court may be only an officer de facto, and the validity of the title of such judge to the office, or his right to exercise the judicial functions, cannot be determined on a writ of habeas corpus; this rule is well settled, and is applicable to this case.

The title of a person acting with color of authority, even if he be not a good officer in point of law, cannot be collaterally attacked.

This was an application for leave to file a petition for a writ of habeas corpus. The case is stated in the opinion.

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