Section 532.430

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 532

Effective - 28 Aug 1939   

  532.430.  Prisoner held under judicial proceedings discharged, when. — If it appear that the prisoner is in custody by virtue of process from any court legally constituted, or issued by any officer in the service of judicial proceedings before him, such prisoner can only be discharged in one of the following cases:

  (1)  Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum or person;

  (2)  Where, though the original imprisonment was lawful, yet, by some act, omission or event, which has taken place afterward, the party has become entitled to be discharged;

  (3)  Where the process is defective in some matter of substance required by law, rendering such process void;

  (4)  Where the process, though in proper form, has been issued in a case or under circumstances not allowed by law;

  (5)  Where the process, though in proper form, has been issued or executed by a person who is not authorized by law to issue or execute the same, or where the person having the custody of such prisoner under such process is not the person empowered by law to detain him;

  (6)  Where the process is not authorized by any judgment, order or decree, nor by any provision of law.

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(RSMo 1939 § 1623)

Prior revisions: 1929 § 1459; 1919 § 1909; 1909 § 2474