Allen v. Perini

How later courts describe this case

• “The Sixth Circuit has made clear that default judgments are not available in habeas corpus proceedings.”
• Ohio Supreme Court has given § 2953.21 very limited application
• the mere failure of a custodian to return a warrant, or the fact that his return is imperfect, should not operate to discharge the prisoner because “such a rule would place in the hands of negligent or corrupt jailors the power to empty a penitentiary”