State Ex Rel. Garrett v. Gagne

MORGAN, Judge.

In his petition for a writ of habeas corpus, petitioner alleged that he was being unlawfully restrained of his liberty pursuant to an order of execution and commitment under a judgment of the Municipal Court of Kansas City. The petition was sustained and the writ ordered to issue; the *265return of respondent was filed; and, after the court determined that “issues of fact” did exist, a Master was appointed to take testimony thereon and report his “findings of fact.” Such findings are of record and the cause has been argued before this court.

The factual background may be summarized,…