Legal Opinion

In re McWilliams

Supreme Court of Missouri

Decided January 6, 1914PublishedCited by 12 opinions

Habeas Corpus.

1Opinion of the CourtFaris, J.

After the most painstaking examination of the authorities we are of the opinion that the application for the writ of habeas corpus, which has been filed here, when considered in the light of the law, shows upon its face that petitioner is not entitled to his discharge from custody in the manner and form of procedure here invoked and under the conditions here presented. [Sec. 2444, R. S. 1909; Ex parte Roberts, 166 Mo. 207.]

The probate court had jurisdiction and plenary power to adjudge petitioner to be a person of unsound mind. Petitioner will continue to be regarded in law as non compos for…

2Cases cited3 opinions

  1. State v. ChurchSupreme Court of Missouri · 1906
  2. Ex parte RobertsSupreme Court of Missouri · 1901
  3. In re KiddSupreme Court of Kansas · 1889

3Cited by12 opinions

  1. State Ex Rel. Davey v. OwenOhio Supreme Court · 1937
  2. Commonwealth Ex Rel. Smith v. AsheSupreme Court of Pennsylvania · 1950
  3. State Ex Rel. Deeb v. FabisinskiSupreme Court of Florida · 1933
  4. Whitney v. ZerbstCourt of Appeals for the Tenth Circuit · 1933
  5. Mack Kitchens, Jr. v. United StatesCourt of Appeals for the Tenth Circuit · 1959

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