264 P. 1090 | Colo. | 1928
FRANK L. Palmer and others have filed in this court their petition for a writ of habeas corpus, naming as the respondents William H. Adams, governor, and Paul P. Newlon, adjutant general, of the State of Colorado, wherein petitioners allege that they have been unlawfully imprisoned by the state officers, and ask for the issuance of the writ to release them from custody.
We decline to take jurisdiction for the following reasons: The case of Wheeler v. Northern Colorado IrrigationCo.,
We observe, in the first place, that the petitioners in the Weld county court might have had, by a writ of error to the Weld county judgment, a review thereof by this court, and have had settled precisely the same questions determined in that, that are involved in this, case, and our decision here would be a precedent in similar cases that might thereafter be filed in the district court. Petitioners here are virtually asking in the petition for a writ *324 of habeas corpus an indirect review of the decision of the district court of Weld county, which could be had in a writ of error thereto, but not in a habeas corpus proceeding.
This court, in In re Stidger,
The same ruling was had in In re Doherty,
Without, therefore, expressing our view as to the merits of this application, we are compelled under our established practice, not to assume jurisdiction. The applicants must therefore obtain their relief, if any they are entitled to, in some court of original jurisdiction over such controversies. This application, therefore, will be and the same is denied without prejudice to a renewal of the same in the appropriate tribunal.
All the Justices concur except Mr. Justice Walker, not participating, as he was not present when the petition was presented and denied.