In re Knaup
Supreme Court of Missouri
Habeas Corpus. (1) A person committed for contempt for disobeying an order, which the court committing him had no authority to make, may be released on habeas corpus.
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Habeas Corpus. (1) A person committed for contempt for disobeying an order, which the court committing him had no authority to make, may be released on habeas corpus. Ex parte Arnold, 128 Mo. 536; Ex parte Craig, 130 Mo. 590; R. S. 1889, sec. 5379. (2) A court of chancery (independent of statute) has no power, at the instance of a judgment creditor, who has exhausted his remedies at law, to compel him, under the penalty of imprisonment, to turn over to a receiver bonds or personal chattels in his possession, in order to subject them to the satisfaction of a judgment against him. Cresswell v.…
1Opinion of the CourtRobinson, J.
This is an application, on habeas corpus, for the discharge from imprisonment of the petitioner, Frederick Knaup, committed to the jail of Cole county for contempt, in refusing to obey an order of the circuit court of that county requiring him to deliver to its receiver certain bonds in petitioner’s possession. The facts giving rise to this proceeding have been summarized by counsel as follows:
The Cole circuit court, at its July term, 1897, rendered judgment (on a promissory note) in the sum of $3,073.35 against the Standard Shoe Company and Frederick Knaup, codefendants. An execution was, on…
2Cases cited3 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
- State ex rel. Ames v. BarclaySupreme Court of Missouri · 1885
3Cited by15 opinions
- State Ex Rel. Stanhope v. PrattSupreme Court of Missouri · 1976
- In re RosserCourt of Appeals for the Eighth Circuit · 1900
- State Ex Rel. Blue Springs v. McWilliamsSupreme Court of Missouri · 1934
- Ex Parte ThornberrySupreme Court of Missouri · 1923
- Thompson v. Farmers Exchange BankSupreme Court of Missouri · 1933
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