Ex Parte Devoy
Missouri Court of Appeals
Habeas Corpus. Original Proceeding. (1) The proper action to dispossess petitioner was a suit in ejectment. Eees v. Andrews, 169 Mo. 192; Blythe et al. v. Hinckley et al., 84 Fed. Eep. 246. (2) The order committing the petitioner was unlawful and in excess of the authority of a chancellor. Section 28, article 2 of the Constitution of Missouri; Section. 1 of the Fourteenth Amendment to the Federal Constitution; Eees v. Andrews, 169 Mo. 192; Johnson et al. v. Monday, 104 Fed.
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Habeas Corpus. Original Proceeding. (1) The proper action to dispossess petitioner was a suit in ejectment. Eees v. Andrews, 169 Mo. 192; Blythe et al. v. Hinckley et al., 84 Fed. Eep. 246. (2) The order committing the petitioner was unlawful and in excess of the authority of a chancellor. Section 28, article 2 of the Constitution of Missouri; Section. 1 of the Fourteenth Amendment to the Federal Constitution; Eees v. Andrews, 169 Mo. 192; Johnson et al. v. Monday, 104 Fed. Eep. 594; Metzger et al. v. McCoy, 105 Fed. Eep. 676; Blythe v. Hinckley, 84 Fed. Eep., 246; Nichols v. Boyne City…
1Opinion of the CourtDaues, J.
— This is an original proceeding. The petitioner, Charles L. Devoy, presented his application for writ of habeas corpus to a member of this court in vacation, alleging in his petition that he was unlawfully imprisoned and restrained of his liberty by the sheriff of the city of St. Louis. The writ was granted as prayed and made returnable to this court. In due time the sher iff made return, whereupon petitioner filed a reply which is in the nature of a demurrer to the return. This calls for our judgment on the pleadings.
The pertinent facts, as gathered from the record, are as follows:
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2Cases cited11 opinions
- Tinsley v. AndersonSupreme Court of the United States · 1898
- Ex parte CreasySupreme Court of Missouri · 1912
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- In re HowellSupreme Court of Missouri · 1918
- Ex Parte CrenshawSupreme Court of Missouri · 1883
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3Cited by8 opinions
- State Ex Rel. Stanhope v. PrattSupreme Court of Missouri · 1976
- Curtis v. TozerMissouri Court of Appeals · 1964
- Ex Parte RyanMissouri Court of Appeals · 1980
- Kinder v. Superior CourtCalifornia Court of Appeal · 1978
- Harbin v. Schooley Stationery & Printing Co.Supreme Court of Missouri · 1952
3 more not listed; retrieve them via the Exa API.