State v. Simmons

CourtCourt of Appeal of Missouri (US)
Writing for the CourtGoode
Citation87 S.W. 35,112 Mo. App. 535
PartiesSTATE ex rel. HIETT v. SIMMONS, County Judge.
Decision Date02 May 1905
87 S.W. 35
112 Mo. App. 535
STATE ex rel. HIETT
v.
SIMMONS, County Judge.
St. Louis Court of Appeals. Missouri.
May 2, 1905.

HABEAS CORPUS—JURISDICTION TO ISSUE WRIT —DISCHARGE OF PRISONER— REVIEW ON APPEAL.

1. Under Rev. St. 1899, § 3546, authorizing an application for a writ of habeas corpus to be made to some court of record in term, or to any judge thereof in vacation, a judge of the county court has authority in vacation to issue a writ of habeas corpus, and to pass upon the application of the petitioner for discharge.

2. The erroneous discharge of a prisoner on habeas corpus by a court having jurisdiction to issue the writ and pass upon the application for a discharge cannot be reviewed on certiorari.

Certiorari by the state, on the relation of W. L. Hiett, against L. C. Simmons, judge of the county court of Texas county. Dismissed.

W. L. Hiett, in pro. per.

Opinion.

GOODE, J.


W. L. Hiett is the prosecuting attorney of Texas county, and L. C. Simmons the presiding judge of its county court. On the application of said prosecuting attorney, this court granted a writ of certiorari to said Simmons, in his official capacity, commanding him to transmit here the petition and all the proceedings in a certain cause pending before him as judge, wherein Wm. H. Brooks petitioned for a writ of habeas corpus. The writ of certiorari was granted by this court March 22, 1905. On the same day, and before service of said writ on the respondent, he ordered the discharge of the petitioner, Brooks, in the habeas corpus proceeding pending before him, and the prisoner was discharged. The petition for the writ of habeas corpus was presented to respondent about March 17th, and the prosecuting attorney, Hiett, applied a few days afterward to this court for the writ of certiorari; having previously applied to Hon. L. B. Woodside, judge of the Nineteenth Judicial Circuit, of which Texas county is a part. On the return of the writ of certiorari issued by the circuit judge, the latter quashed the certiorari proceeding. It does not clearly appear whether the respondent, Simmons, knew application had been made to this court for a writ at the time he discharged the prisoner or not. The facts out of which the controversy between the prosecuting attorney of Texas county and the presiding justice of the county court arose will be stated. William H. Brooks, who petitioned the respondent for his liberty, was in the custody of the jailer of that county under two commitments issued on two separate convictions of said Brooks before R. P. Hubbard, justice of the peace of Texas county, for two distinct misdemeanors. On February 20, 1905, said Brooks was convicted of a misdemeanor, fined $50, and the costs of the prosecution assessed against him, to the amount of $37.90. The justice issued a mittimus on that conviction February 23d, and by virtue of it Brooks was taken into the custody of the sheriff and jailer of the county, Aaron Wood, and imprisoned until March 11th. On February 22d Brooks was convicted before the same justice of the peace for another offense, fined $200, and $47...

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9 practice notes
  • State ex rel. Stewart v. Blair and Smith, No. 40316.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...erroneously decided the case. State ex rel. Gentry v. Westhues, 315 Mo. 672; Ex parte Jilz, 64 Mo. 205; State ex rel. Hiett v. Simmons, 112 Mo. App. 535; State ex rel. Shartel v. Skinker, 324 Mo. 955; State ex rel. v. Broaddus, 245 Mo. 123; State ex rel. Renner v. Alford, 343 Mo. 576; State......
  • State ex rel. St. L. Union Trust Co. v. Neaf, No. 36894.
    • United States
    • United States State Supreme Court of Missouri
    • May 7, 1940
    ...State ex rel. v. Westhues, 286 S.W. 286; State ex rel. v. Johnson, 138 Mo. App. 306, 121 S.W. 780; State ex rel. v. Simmons, 112 Mo. App. 535; State ex rel. v. Broaddus, 245 Mo. 123. (2) The respondents correctly assessed the land trust certificates as personal property because the declarat......
  • Hutchinson, In re, No. 8880
    • United States
    • Court of Appeal of Missouri (US)
    • May 21, 1970
    ...the matter before it (State ex rel. Gentry v. Westhues, 315 Mo. (banc) 672, 679, 286 S.W. 396, 398; State ex rel. Hiett v. Simmons, 112 Mo.App. 535, 538--539, 87 S.W. 35, 36) and accordingly denied the writ. State ex rel. Stearns v. White, Mo.App., 189 S.W.2d 205, 206(1, 3). The second such......
  • State v. Westhues, No. 27320.
    • United States
    • United States State Supreme Court of Missouri
    • August 6, 1926
    ...to decide erroneously, as well as rightly, and its judgment on the merits only will not be disturbed. In State en rel. Hiett v. Simmons, 112 Mo. App. 535, 87 S. W. 35, the St. Louis Court of Appeals had before it, on certiorari directed to the county court of Texas county, the decision of a......
  • Request a trial to view additional results
9 cases
  • State ex rel. Stewart v. Blair and Smith, No. 40316.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...erroneously decided the case. State ex rel. Gentry v. Westhues, 315 Mo. 672; Ex parte Jilz, 64 Mo. 205; State ex rel. Hiett v. Simmons, 112 Mo. App. 535; State ex rel. Shartel v. Skinker, 324 Mo. 955; State ex rel. v. Broaddus, 245 Mo. 123; State ex rel. Renner v. Alford, 343 Mo. 576; State......
  • State ex rel. St. L. Union Trust Co. v. Neaf, No. 36894.
    • United States
    • United States State Supreme Court of Missouri
    • May 7, 1940
    ...State ex rel. v. Westhues, 286 S.W. 286; State ex rel. v. Johnson, 138 Mo. App. 306, 121 S.W. 780; State ex rel. v. Simmons, 112 Mo. App. 535; State ex rel. v. Broaddus, 245 Mo. 123. (2) The respondents correctly assessed the land trust certificates as personal property because the declarat......
  • Hutchinson, In re, No. 8880
    • United States
    • Court of Appeal of Missouri (US)
    • May 21, 1970
    ...the matter before it (State ex rel. Gentry v. Westhues, 315 Mo. (banc) 672, 679, 286 S.W. 396, 398; State ex rel. Hiett v. Simmons, 112 Mo.App. 535, 538--539, 87 S.W. 35, 36) and accordingly denied the writ. State ex rel. Stearns v. White, Mo.App., 189 S.W.2d 205, 206(1, 3). The second such......
  • State v. Westhues, No. 27320.
    • United States
    • United States State Supreme Court of Missouri
    • August 6, 1926
    ...to decide erroneously, as well as rightly, and its judgment on the merits only will not be disturbed. In State en rel. Hiett v. Simmons, 112 Mo. App. 535, 87 S. W. 35, the St. Louis Court of Appeals had before it, on certiorari directed to the county court of Texas county, the decision of a......
  • Request a trial to view additional results

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