145 A. 130 | Pa. | 1929
The relator asked for a writ of habeas corpus, alleging that he had been committed to the House of Correction for a term of three months commencing October 8, 1928, for nonpayment of a support order entered by the domestic relations division of the Municipal Court of Philadelphia; that, at the expiration of this term, he was brought before the municipal court, which required him to "enter $200 bail" for future compliance with its prior order, and, upon his failure so to do, "recommitted him forthwith for inability to produce said bond for future payments." The petitioner avers that he is unable to enter the security required of him and that, therefore, he "may be compelled to serve a life sentence for his inability to guarantee future payments of support"; further, that "the municipal court had no power to commit *253 the defendant, and said commitment was improper, unlawful and illegal."
The writ of habeas corpus can never be used as a substitute for an appeal to test the corectness of the administration of the law in connection with a commitment (Com. ex rel. v. Egan,
And now, January 21, 1929, petition dismissed, without prejudice to the right to apply to another court, for the reason that the Supreme Court does not issue writs of habeas corpus when other courts are available for the purpose.