532.180. Return, contents. - Missouri Statutes

Return, contents.

532.180. Every officer or other person upon whom such writof 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, orunder his power or restraint;

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

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

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

(RSMo 1939 § 1605)

Prior revisions: 1929 § 1441; 1919 § 1891; 1909 § 2456