In re of Morton

10 Mich. 208, 1862 Mich. LEXIS 35
CourtMichigan Supreme Court
DecidedMay 15, 1862
StatusPublished
Cited by6 cases

This text of 10 Mich. 208 (In re of Morton) 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
In re of Morton, 10 Mich. 208, 1862 Mich. LEXIS 35 (Mich. 1862).

Opinions

The Court

held the complaint not sufficient' to confer jurisdiction. The statute (§ 1667) provides that, whenever a complainant is required to state facts and circumstances for the information of the court or magistrate to whom the complaint is made, and the complainant shall be unable, of his own knowledge, to state sufficient facts and circumstances to authorize the issuing of a warrant, the court or magistrate may, after the making of such complaint, issue subpmnas for the attendance of witnesses to testify concerning such facts and circumstances. This language [210]*210does not authorize the making of a complaint in general form, and the issuing thereupon of subpoenas to compel witnesses to testify to facts and circumstances which are not indicated by the complaint, but which may be suspected to be within the knowledge of the witnesses. The statute requires that the facts and circumstances shall be set forth in the conqilaint, whether the complainant can substantiate them by his oath or not. If he cannot, subpoena may be issued to compel the attendance of witnesses to testify concerning such facts and circumstances as are thus set forth.

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Related

People v. MacLin
300 N.W.2d 642 (Michigan Court of Appeals, 1980)
In Re Harrand
236 N.W. 869 (Michigan Supreme Court, 1931)
In re Mead
190 N.W. 235 (Michigan Supreme Court, 1922)
Ex parte Perkins
29 F. 900 (U.S. Circuit Court for the District of Indiana, 1887)
In re Cary
10 F. 622 (S.D. New York, 1882)
Ex parte Holman
28 Iowa 88 (Supreme Court of Iowa, 1869)

Cite This Page — Counsel Stack

Bluebook (online)
10 Mich. 208, 1862 Mich. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-of-morton-mich-1862.