In re Stephenson

Michigan Supreme Court

In re Stephenson

32 Mich. 60, 1875 Mich. LEXIS 126

CourtMichigan Supreme Court

DecidedApril 29, 1875

StatusPublished

Cited by5 cases

This text of 32 Mich. 60 (In re Stephenson) 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 Stephenson, 32 Mich. 60, 1875 Mich. LEXIS 126 (Mich. 1875).

Pincite

Opinion

The Coubt

held that tbe putting in special bail and pleading in tbe canse did not operate as a waiver of jurisdictional' defects in tbe affidavit which is tbe basis of tbe origina! arrest; that tbe case made by tbe affidavit in question is one of an action “arising upon contract” within the meaning of that phrase as used in tbe statute (Clomp. L. 1871, § 5734), and not being one of those actions there enumerated as alone authorized to be commenced by capias, that the arrest and imprisonment was unwarranted and illegal.

Prisoner discharged.

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The Coubt

held that tbe putting in special bail and pleading in tbe canse did not operate as a waiver of jurisdictional' defects in tbe affidavit which is tbe basis of tbe origina! arrest; that tbe case made by tbe affidavit in question is one of an action “arising upon contract” within the meaning of that phrase as used in tbe statute (Clomp. L. 1871, § 5734), and not being one of those actions there enumerated as alone authorized to be commenced by capias, that the arrest and imprisonment was unwarranted and illegal.

Prisoner discharged.

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Bluebook (online)

32 Mich. 60, 1875 Mich. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stephenson-mich-1875.

Opinion

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