Legal Opinion

Rice v. Kalamazoo Circuit Judge

Michigan Supreme Court

Decided July 9, 1913No. Calendar No. 25,572PublishedCited by 1 opinion

Mandamus by Eugene W. Rice against Frank E, Knappen, Kalamazoo circuit judge, to compel respondent to quash a writ of capias ad respondendum.

1Opinion of the CourtOstrander, J.

A motion to quash a writ of capias ad respondendum, upon which relator had been arrested, was overruled, and relator asks for the writ of mandamus to compel the. granting of the motion. The only question presented is whether the affidavit attached to the writ warranted the indorsement of an order to hold to bail.

The affidavit advises the court that in a trade of property, real and personal, owned by the plaintiffs, for land owned by relator, a difference of $300 was agreed to be paid by relator. 'For this difference relator induced plaintiffs to take his note, with a signer. The original…

2Cases cited1 opinion

  1. Gardiner v. Wayne Circuit JudgeMichigan Supreme Court · 1909

3Cited by1 opinion

  1. Pratt v. Allegan Circuit JudgeMichigan Supreme Court · 1913

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