McDermid v. Circuit Judge

Michigan Supreme Court

McDermid v. Circuit Judge

1 McGrath 84

CourtMichigan Supreme Court

DecidedApril 3, 1894

DocketNo. 14121½

StatusPublished

This text of 1 McGrath 84 (McDermid 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

McDermid v. Circuit Judge, 1 McGrath 84 (Mich. 1894).

Pincite

Opinion

To quash a capias because of the insufficiency of the affidavit.

Order to show cause denied April 3, 1894.

[88]*88The affidavit set forth that to secure relator against a contingent liability, plaintiff deposited with him certain bonds; that plaintiff had since paid and discharged the contingent liability and demanded the bonds; that relator refused to surrender the bonds, and that said relator “did then and there convert the bonds to his own use.”

Relator contended that the words quoted are simply a statement of a legal conclusion.

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To quash a capias because of the insufficiency of the affidavit.

Order to show cause denied April 3, 1894.

[88]*88The affidavit set forth that to secure relator against a contingent liability, plaintiff deposited with him certain bonds; that plaintiff had since paid and discharged the contingent liability and demanded the bonds; that relator refused to surrender the bonds, and that said relator “did then and there convert the bonds to his own use.”

Relator contended that the words quoted are simply a statement of a legal conclusion.

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Bluebook (online)

1 McGrath 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermid-v-circuit-judge-mich-1894.