Ex parte Boenninghausen
Supreme Court of Missouri
Habeas Corpus. (1) Habeas corpus is the proper remedy where one is convicted and imprisoned under an unconstitutional law, or where the trial court had no jurisdiction; the process is void. Ex parte Rollins, 20 Ya. Rep. 765; Cooley’s Const. Lim. [4 Ed.] 431, 348, see note 1; Ex-parte Snyder, 64 Mo. 58; “ The Kuldux^ Cases, 4 Sup. Ct.
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Habeas Corpus. (1) Habeas corpus is the proper remedy where one is convicted and imprisoned under an unconstitutional law, or where the trial court had no jurisdiction; the process is void. Ex parte Rollins, 20 Ya. Rep. 765; Cooley’s Const. Lim. [4 Ed.] 431, 348, see note 1; Ex-parte Snyder, 64 Mo. 58; “ The Kuldux^ Cases, 4 Sup. Ct. Rep. 153; People ex rel. v. Warden, 2 N. E. Rep. 870; In re Wong Yung Quy, 6 Sawyer, 237. And it makes no difference whether the proceedings, if void, are civil or criminal. Ex parte Rollins, 20 Ya. Rep. 765. (2) This court has not only the right, but it is its…
1Opinion of the CourtNorton, J.
The prisoner was prosecuted in the first district police court of the city of St. Louis, for the violation of sections 10 and 11, of article 8, of chapter 14, of the revised ordinances of said city, which sections, in words and figures, are as follows:
“Section 10. The maintenance of cow stables, or other conveniences, for the purpose of carrying on a dairy business, within the city limits, shall be exercised only under the supervision of the board of health, who may condemn such conveniences, or stables, as a nuisance, if not kept in a cleanly manner; and, upon such condemnation, said…
2Cases cited7 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex parte SlaterSupreme Court of Missouri · 1880
- Ex Parte CrenshawSupreme Court of Missouri · 1883
- Ex parte BethurumSupreme Court of Missouri · 1877
- In re HarrisSupreme Court of Missouri · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ex parte SmithSupreme Court of Missouri · 1896
- In re NewcombWashington Supreme Court · 1909
- Rodriguez v. Bureau of CorrectionsSupreme Court of The Virgin Islands · 2013
- Ex Parte LernerSupreme Court of Missouri · 1920
- State v. MuirSupreme Court of Missouri · 1901
4 more not listed; retrieve them via the Exa API.