Ex Parte Boenninghausen
Missouri Court of Appeals
Application for a writ of habeas corpus. Habeas corpus is the proper remedy for the discharge of a. prisoner who has been convicted under an unconstitutional law. Ex parte Rollins, 20 Rep. 765; Cooley on Const. Lim. (4 Ed.) 481, *348, see Note 1; Ex parte Snyder, 64 Mo. 58; “The KuJclux” cases, 4 Sup. CL Rep. 153 ; People, v. Warden, 2 N. East Rep. 870 ; In re Wong Tung Quy, 6 Saw. 237. And it makes no difference whether the proceedings, if void, are civil or criminal.
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Application for a writ of habeas corpus. Habeas corpus is the proper remedy for the discharge of a. prisoner who has been convicted under an unconstitutional law. Ex parte Rollins, 20 Rep. 765; Cooley on Const. Lim. (4 Ed.) 481, *348, see Note 1; Ex parte Snyder, 64 Mo. 58; “The KuJclux” cases, 4 Sup. CL Rep. 153 ; People, v. Warden, 2 N. East Rep. 870 ; In re Wong Tung Quy, 6 Saw. 237. And it makes no difference whether the proceedings, if void, are civil or criminal. Ex parte Rollins, 20 Rep. 765. This court has not only the right, but it is its imperative duty to take jurisdiction in this…
1Opinion of the CourtThompson, J.
The petitioner was convicted in the police court of the city of St. Louis, of the offence of maintaining a cow .stable and convenience for dairy purposes in a certain block of the city, without first having obtained the consent in writing of a majority of the owners of property in the block, as required by an ordinance of the city, and was adjudged to pay a fine of fifty dollars. The city marshal, having found no property on which to levy an execution for the fine, and the petitioner having pointed -out none, has taken his body for the purpose of committing him to the work house in execution.…
2Cases cited4 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex parte JilzSupreme Court of Missouri · 1876
- In re McDonaldMissouri Court of Appeals · 1885
- Ex parte BowlerMissouri Court of Appeals · 1884
3Cited by5 opinions
- State ex rel. Missouri Pacific Railroad v. SeayMissouri Court of Appeals · 1886
- In re WooldridgeMissouri Court of Appeals · 1888
- People ex rel. Attorney General v. District CourtSupreme Court of Colorado · 1899
- Ex parte BoenninghausenSupreme Court of Missouri · 1886
- Ex parte OldenMissouri Court of Appeals · 1889