Legal Opinion

Ex parte Conrades

Supreme Court of Missouri

Decided December 24, 1904PublishedCited by 5 opinions

Habeas Corpus. (1) The writ in this cause was duly issued from the St. Louis Court of Appeals. The petitioner had the right to test the legality of his arrest. Lowe v. Summers, 69 Mo. App. 637. Though the writ of habeas corpus, as an additional guaranty for human liberty, may be issued by a judge as well as by a court, it is none the less a decision of the court when the case is decided by a court.

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Habeas Corpus. (1) The writ in this cause was duly issued from the St. Louis Court of Appeals. The petitioner had the right to test the legality of his arrest. Lowe v. Summers, 69 Mo. App. 637. Though the writ of habeas corpus, as an additional guaranty for human liberty, may be issued by a judge as well as by a court, it is none the less a decision of the court when the case is decided by a court. It was, therefore, a “proceeding” within the constitutional mandate, Constitution,, article 6, section 6 of amendment. The duty of certification lies in every “cause or proceeding,”■ whether the…

1Opinion of the Court

ROBINSON, 0. J.

This proceeding by habeas corpus was originally instituted in the St. Louis Court of Appeals, on application of Jphn H. Conrades, Jr., as petitioner, asking to be released from the custody of John H. Strobel, sergeant of arms of the House of Delegates of the city of St. Louis, by whom he had been arrested and was being detained under a warrant charging him with contempt of that body, for refusing to submit books and papers of his corporation for inspection by a committee of said House of Delegates.

The return of the respondent, to the writ command- • ing him to produce the body…

2Cases cited1 opinion

  1. State ex rel. Burnham v. HickmanSupreme Court of Missouri · 1899

3Cited by5 opinions

  1. Child Saving Institute v. KnobelSupreme Court of Missouri · 1931
  2. Keller v. SummersSupreme Court of Missouri · 1914
  3. In re HolmanMissouri Court of Appeals · 1917
  4. State ex rel. Peers v. FitzgeraldSupreme Court of Minnesota · 1915
  5. Hughes v. StateCourt of Criminal Appeals of Texas · 1912

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