§ 532.180 — Return, contents.

Missouri § 532.180

• Jurisdiction: Missouri
• Title XXXVI: STATUTORY ACTIONS AND TORTS
• Ch. 532: Habeas Corpus

Text

Every officer or other person upon whom such writ of habeas corpus shall be duly served shall state in his return, plainly and unequivocally:

(1)  Whether he has or has not the party in his custody, or under his power or restraint;

(2)  If he has the party in custody or power, or under his restraint, he shall state the authority and true cause of such imprisonment or restraint, setting forth the same at large;

(3)  If the party be detained or imprisoned by virtue of any writ, order, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ, to the court or officer to whom the same is returnable;

(4)  If the person making the return shall have had the party in his power or custody, or under his restraint, at any time before the service of the writ, and has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority such transfer took place.

Legislative History

(RSMo 1939 § 1605) Prior revisions: 1929 § 1441; 1919 § 1891; 1909 § 2456