☰ Revisor of Missouri

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 532

Effective - 28 Aug 1939 bottom

  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.

­­--------

(RSMo 1939 § 1623)

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


---- end of effective   28 Aug 1939 ----

use this link to bookmark section  532.430

Effective dates prior to 1940 may not be the actual effective date. See FAQ 'When do laws become effective?'


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Pictures Contact

Other Links
Oversight MOLIS Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@20:23:03.1 78 :)