Ex parte Schrier
Decision Date | 29 July 1931 |
Citation | 41 S.W.2d 178,328 Mo. 726 |
Parties | Ex Parte Alberta Schrier, Petitioner |
Court | Missouri Supreme Court |
Petitioner remanded.
Howard Sidener for petitioner.
Stratton Shartel, Attorney-General, and Walter Sloat Assistant Attorney-General, for respondent.
Petitioner is an inmate of the State Industrial Home for Girls. She was committed to that institution as a delinquent child by the Juvenile Division of the Circuit Court of the City of St. Louis. She seeks to be released from her present custody by habeas corpus, on the ground that the judgment or order of commitment is void. She presented a certified copy of such judgment or order on the hearing of this cause; it was as follows:
The petitioner contends that the notification of the parents of a child, if living, and their residence known, or its legal guardian, or if his or her residence is unknown, then some relative, of a proceeding instituted for the purpose of having such child adjudged a delinquent, as provided by Section 14139, Revised Statutes 1929, is jurisdictional, and that, as the record she exhibited in the present proceeding did not show such jurisdictional fact, the judgment of the juvenile court adjudging her a delinquent and committing her to the State Industrial Home is void. [State ex rel. Dew v Trimble, 306 Mo. 657.] The petitioner did not bring up the entire record of the proceedings had in the juvenile court; she presented merely the journal entry of the judgment and order of commitment. It is not necessary that such entry recite all the jurisdictional facts: it is sufficient if such facts appear from any part of the record. The entire...
To continue reading
Request your trial-
Label v. Sullivan
...165 S.W.2d 639 350 Mo. 286 Ex Parte Charles Robert Label, etc., Petitioner, v. Patrick Sullivan No. 37940Supreme Court of MissouriNovember 12, 1942 ... ... See also ... Schulte v. Grand Union Tea & Coffee Co. (St. L. Ct ... App.), 43 S.W.2d 832, 833(2); and Ex parte Schrier, 328 ... Mo. 726, 41 S.W.2d 178, 179(2). An allegation in a pleading ... might be construed as a conclusion of law, whereas the same ... statement ... ...
- Ex parte Naccarat