Ex Parte Thomas Dale Payne

In determining an application for writ of habeas corpus, it must be kept in mind that the duty of the Court of Civil Appeals is limited to determining whether the trial courts contempt order was void. If the contempt order was void, the relator shall be discharged. If the order of the trial court was only erroneous, then the relator shall be remanded to the custody of the sheriff or other law enforcement official and be jailed pursuant to the orders of the court imposing the commitment. The Court of Civil Appeals has no authority in a habeas corpus proceeding to reform a trial courts judgment. That may be done by the applicable remedy of appeal or writ of error to the Court of Civil Appeals.