White v. Hutton, 240 S.W.2d 193
Here is a paragraph excerpt from the White v. Hutton, 240 S.W.2d 193:
Several well settled principles of law must be borne in mind as we approach the consideration of the very vital question next confronding us-the legality of the petitioner's imprisonment, to be determined from the face of the record aforesaid. Judgments for contempt can be attacked in habeas corpus for want of jurisdiction of the court to render the particular judgment even though the court have jurisdiction over the person and subject matter. “Nor can the court make contempt of that which is not contempt. And every attempt to do so would be in excess of authority or jurisdiction, as much so as if the court had no authority or power to punish for contempt, either in relation to the person or subject-matter. There must be contempt in order to justify punishment for that offense. ‘There are three essential elements necessary to render conviction valid. These are that the court may have jurisdiction over the subject-matter, the person of the defendant and the authority to render the particular judgment. If either of these essential elements are lacking, the judgment is fatally defective, and the prisoner held under such judgment may be released on habeas corpus”’. Ex parte Creasy, supra, 243 Mo. at page 690, 148 S.W. at page 920. Statutory enactments as to what shall constitute contempt should be strictly construed. 17 C.J.S., Contempt, § 8, page 10. Nor can any contempt charge be based on mere nonpayment of a money judgment. The punishment as for contempt of a judgment debtor for his refusal to obey a judgment has no application to judgments for the mere payment of money. Section 1268, R.S.Mo. 1939, Sec. 511.340, R.S.Mo. 1949. Imprisonment for debt would violate the federal and state constitutions, under the familiar provisions thereof not necessary here to cite. A commitment for indirect contempt must state the particular circumstances of the offense. Section 2031, R.S.Mo. 1939, Section 476.140, R.S.Mo. 1949. The conclusions of the court on the citation will not suffice. In contempt cases it is facts and circumstances which go to make the contempt which must be set forth and not the legal conclusions of the judge as to what are the facts and circumstances. Ex parte Creasy, supra, 243 Mo. at pages 702, 704, 148 S.W. 914. A commitment for contempt based on a void judgment is itself void. ‘It is useless to suggest authorities to the effect that a commitment issued upon a void judgment is not a valid commitment. Its value as a writ is destroyed by showing that a void judgment is its sole foundation’. In Matter of Fowler, 310 Mo. 339, 351, 275 S.W. 529, 532.