State ex rel. Mollineaux v. Madison County Court
Supreme Court of Missouri
Certiorari to Madison County Court. (1) It seems that certiorari, as well as an alias writ of habeas corpus from the superior court, is a remedy, particularly in a case where a court, an inferior tribunal, adjudicates. Proceedings by certiorari in connection with habeas corpus are in the nature of an appeal, or writ of error, and should bring up the record and proofs as fully as on appeal or writ of error. It is so at common law, as counsel believe.
Read the full summary
Certiorari to Madison County Court. (1) It seems that certiorari, as well as an alias writ of habeas corpus from the superior court, is a remedy, particularly in a case where a court, an inferior tribunal, adjudicates. Proceedings by certiorari in connection with habeas corpus are in the nature of an appeal, or writ of error, and should bring up the record and proofs as fully as on appeal or writ of error. It is so at common law, as counsel believe. State ex rel. v. Mason, 77 Mo. 191; State v. Neel, 3 S. W. Eep. (Ark.) 631; Hurd on Habeas Corpus [2 Ed.], 353. (2) “All persons shall be…
1Opinion of the CourtBurgess, J.
Relator indicted in the circuit court of Bollinger county for murder of the first degree was committed to the jail of Madison county for safe keeping. Afterward at the August term, 1896 (and on the fifth day of said month), of the county court of the county last named he sued out of said court a writ of habeas corpus, directed to the sheriff and jailer of that county, returnable forthwith, requiring said sheriff to produce his body in court, and show cause, if any he could, for his detention, and why he should not be admitted to bail. To this writ the sheriff made return according to the…
2Cases cited5 opinions
- Ward v. Board of EqualizationSupreme Court of Missouri · 1896
- Ex parte DusenberrySupreme Court of Missouri · 1888
- Ex parte VaughanSupreme Court of Alabama · 1870
- Lester v. StateSupreme Court of Georgia · 1862
- In re AlexanderSupreme Court of Missouri · 1875
3Cited by6 opinions
- State Ex Rel. St. Louis Union Trust Co. v. NeafSupreme Court of Missouri · 1940
- State ex rel. Kansas & Texas Coal Railway v. SheltonSupreme Court of Missouri · 1900
- State ex rel. Arnold v. LichtaMissouri Court of Appeals · 1908
- State ex rel. Hill v. MooreMissouri Court of Appeals · 1900
- Ex parte TowndrowNew Mexico Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.