Chicago, Burlington & Quincy Railroad v. Gildersleeve
Missouri Court of Appeals
Appeal from St. Lonis City Circuit Court. — Eon. Jas. R. Kinealy, Judge. The judgment of commitment is void, because indeterminate. To commit one to jail for a period of ten days, or until he shall be discharged according to law, is a species of judgment which cannot be sustained upon any theory. The words “or until he shall be discharged according to law” added to the sentence do not render the commitment void.
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Appeal from St. Lonis City Circuit Court. — Eon. Jas. R. Kinealy, Judge. The judgment of commitment is void, because indeterminate. To commit one to jail for a period of ten days, or until he shall be discharged according to law, is a species of judgment which cannot be sustained upon any theory. The words “or until he shall be discharged according to law” added to the sentence do not render the commitment void. Ex parte Kenney, 105 Mo. 535; Ex parte O’Brien, 127 Mo-. 487; Kelly on Justices, sec. 768-815; Pattison’s Mo. Form Booh, secs. 291, 661, 705; R. S. 1899, secs. 1617, 2432, 2775, 2897;…
1Opinion of the CourtGoode, J.
The appellant was adjudged to he in contempt of the circuit court of the city of St. Louis, for disobeying a restraining order of that court. The punishment imposed was imprisonment in the jail of the city for a period of ten days from the 19th day of October, 1904, at 10 o’clock a. m. until 10 o’clock a. m. of the 29th day of October, 1904, or until he should be discharged according to law. A special appeal was allowed by one of the judges of this court and a supersedeas granted. The contention of the appellant is that his sentence is void because uncertain as to time, and the argument is…
2Cases cited4 opinions
- State ex rel. Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1879
- In re RosenbergWisconsin Supreme Court · 1895
- Ex parte KenneySupreme Court of Missouri · 1891
- In re McAdamNew York Supreme Court · 1889