Ex Parte Gugenhine v. Gerk.

Original proceeding in habeas corpus. On petition our writ issued. Petitioner is restrained of his liberty by Joseph A. Gerk, Chief of Police of St. Louis, Missouri. On respondent Gerk making return, the cause was submitted. Thereupon respondent moved for judgment on the pleadings for the reason there was neither denial nor avoidance of the averments of the return. Thereafter petitioner filed a motion to set aside the submission and grant him leave to file answer. The motion was sustained. Petitioner filed answer, and the cause was again submitted. The answer is verified by the oath of…