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Missouri Revised Statutes

Mo. Rev. Stat. § 532.320 (2026)

Answer to return, contents

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  532.320.  Answer to return, contents. — The party brought before any court, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show, either that his detention or imprisonment is unlawful, or that he is entitled to his discharge; which allegations or denials shall be on oath.

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(RSMo 1939 § 1617, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1453; 1919 § 1903; 1909 § 2468

Effective 1-02-79

Notes of Decisions
Cited in 6 cases, 1951–1964 · leading case: Wakefield v. Thorp, 283 S.W.2d 467 (Mo. 1955).
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Wakefield v. Thorp, 283 S.W.2d 467 (Mo. 1955). · cites it 3× ““[1] The latter motion is predicated upon the assumption that inasmuch as petitioner filed no verified answer to or denial of their amended! return, there is no question before us challenging the legality of Brenda Lou’s detention.”
Curtis v. Tozer, 374 S.W.2d 557 (Mo. Ct. App. 1964). · cites it 3× “It is that Section 532.320 RSMo 1959, V.A. M.S., seems to encompass controversy as to issues of fact.”
White v. Hutton, 240 S.W.2d 193 (Mo. Ct. App. 1951). “320, which declares the right of any person seeking release from imprisonment under habeas corpus to "deny the material facts set forth in the return, or allege any fact to show, either that his detention or imprisonment is unlawful, or that he is entitled to his discharge;…”
Glenn v. Hendrix, 349 S.W.2d 532 (Mo. Ct. App. 1961). · cites it 2× “00) Dollars and costs”; that he was granted a stay of execution until, by agreement, such stay was terminated on September 28, 1961; and that Glenn, “refusing to pay fine and costs is by the court ordered committed to custody of the Sheriff of Greene County, Missouri, until the…”
Griggs v. Venerable Sister Mary Help of Christians, 238 S.W.2d 8 (Mo. Ct. App. 1951). “1949, § 532.320, the petitioner in his answer to the return "may deny the material facts set forth in the return, or allege any fact to show, either that his detention or imprisonment is unlawful, or that he is entitled to his discharge.”
Wakefield v. Thorp, 283 S.W.2d 467 (Mo. 1955). · cites it 3× ““[1] The latter motion is predicated upon the assumption that inasmuch as petitioner filed no verified answer to or denial of their amended return, there is no question before us challenging the legality of Brenda Lou’s detention.”
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