Ex Parte Harris
| Decision Date | 17 July 1926 |
| Docket Number | No. 4139.,4139. |
| Citation | 286 S.W. 401 |
| Parties | Ex parte HARRIS. |
| Court | Missouri Court of Appeals |
M. R. Lively, of Webb City, for petitioner.
C. P. Turley, of Van Buren, for respondent.
May 1, 1926, petitioner, Frank Harris, was committed to the jail of Carter county by the probate court of said county for an alleged contempt. The contempt proceedings grew out of an alleged disobedience of an order of said court to produce certain notes alleged to belong to the estate of F. M. Harris, deceased, which estate was then in process of administration in said probate court.
May 18, 1926, petition for writ of habeas corpus was filed in this court, and on same date writ issued returnable May 24th, and was directed to S. W. Protsman, sheriff and jailer of Carter county. In obedience to the writ the sheriff produced the petitioner and filed return on May 24th. On same day petitioner filed his answer or reply to the return, and the cause was argued. During the argument learned counsel for the respondent sheriff conceded that the commitment was not sufficient, and, upon this admission, and being satisfied that the commitment was wholly insufficient, we made an order discharging the petitioner.
No useful purpose could be served by setting out the order of commitment. It merely recites conclusions, and on the authority of the statute, section 2362, R. S. 1919, and Ex parte Creasy, 243 Mo. 679, 148 S. W. 914, 41 L. R, A. (N. S.) 478, we ordered petitioner discharged as stated.
All concurred.
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