Douglass v. Circuit Judge

Michigan Supreme Court

Douglass v. Circuit Judge

1 McGrath 52, 42 McGrath 495

DecidedJanuary 20, 1880

StatusPublished

This text of 1 McGrath 52 (Douglass v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Douglass v. Circuit Judge, 1 McGrath 52, 42 McGrath 495 (Mich. 1880).

Pincite

Opinion

To compel respondent to. vacate an order discharging from custody a defendant taken upon a capias ad satisfaciendum.

Denied January 20, 1880.

The execution issued May 13, 1878, but was not returned until July 9, 1879. Held, that the defendants could not be taken on a capias issued over three months after the return day of the execution. Held, further, that an answer would be disregarded if only drafted by the attorneys in the case without being submitted to the respondent and approved by him.

The case was however treated as on demurrer to the relator’s showing.

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To compel respondent to. vacate an order discharging from custody a defendant taken upon a capias ad satisfaciendum.

Denied January 20, 1880.

The execution issued May 13, 1878, but was not returned until July 9, 1879. Held, that the defendants could not be taken on a capias issued over three months after the return day of the execution. Held, further, that an answer would be disregarded if only drafted by the attorneys in the case without being submitted to the respondent and approved by him.

The case was however treated as on demurrer to the relator’s showing.

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Bluebook (online)

1 McGrath 52, 42 McGrath 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglass-v-circuit-judge-mich-1880.