Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTIN iionorablo S. Ii. OrUf&n Cauuty AttWtmy Young coun*y oraha, T8X8s Dear xx-.QrirrLnt your lettar ask- the let- ter being as follorre: S& order t0 alloaing such obligated to obey nfon of this departmnt that you ted Rule Ho. 7K, gOY8rtibg praa- i-1 actions, to the affeat that the-8 f0 thdmwal of flied pqmrs from the olerk*s 0APioe or oustody, exaept upon the aourt*s order entered upon the minutsa allowing: such withdrawal, on loavisq u C8rtified copy On fi18. It Is further our oon- struction OP the rule that the oourt is not authorized to pesnsit mob removal axaept upon the roquiroment that such oerLiflcd cups 8hOUIa be loft on File. W:' arc not prepared to hvld, howore?, that if the court ShPUld lrdce an order allorinq such rfthdrawcll without Honorable E. ii. Griffin - page 2 the requirement to leave on file a cortificd copy, that the order would be v~oid so as to gustie the clerk in ignoring the order. We are inclined to the view, how- ever, without expr%ssly ruling that way, that the order would be absolu.tely void for want of jurisdiction in t&8 COUrt f0 mak$! th8 prtiCular order, although the making of such order of withdrawal generally is with- in the jurisdiatlon of th8 court. Ordinarfly, habeas corpus will not Ii.8 to Us- charge one held in an order of contempt of a court, un- less the order is absolutely toia -- that is, that the court had no jurisdiction to make the order. very truly yq.urs ATTOkNGT GENERAL OF TEXAS,