Legal Opinion

Swart v. Kimball

Michigan Supreme Court

Decided April 28, 1880PublishedCited by 96 opinions

Error to Alpena. Trespass on the case for false imprisonment. Defendant brings error. An affidavit attached to an information, stating that affiant knows the contents of the above information and verily believes the same to be true as therein set forth, is a sufficient verification, Mentor v. People 30 Mich. 91; a verification of a positive charge by an oath according to the affiant’s best knowledge and belief is enough to authorize a justice to issue a warrant, State v.…

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Error to Alpena. Trespass on the case for false imprisonment. Defendant brings error. An affidavit attached to an information, stating that affiant knows the contents of the above information and verily believes the same to be true as therein set forth, is a sufficient verification, Mentor v. People 30 Mich. 91; a verification of a positive charge by an oath according to the affiant’s best knowledge and belief is enough to authorize a justice to issue a warrant, State v. Hobbs 39 Me. 212; People v. Lynch 29 Mich. 274; Johnson v. Maxon 23 Mich. 130; People v. Hichs IS Barb. 153; Pratt v.…

1Opinion of the CourtCooley, J.

This is a remarkable case on the law and on the facts.

By “An act for the better protection of the public lands, and to punish the cutting and carrying away of timber therefrom,” approved February 12, 1857 (Comp. L. ch. 256), the cutting down or destroying or causing to be cut down or destroyed any trees standing or growing on any of the lands of the State, or lands held in trust by the State, or the taking and carrying away any trees or parts thereof, or any timber or lumber made therefrom, so cut or destroyed, when the same was willfully and knowingly done, and with intent to convert the…

2Cases cited19 opinions

  1. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  2. Washburn v. PeopleMichigan Supreme Court · 1862
  3. Underwood v. PeopleMichigan Supreme Court · 1875
  4. Hill v. PeopleMichigan Supreme Court · 1868
  5. Annis v. PeopleMichigan Supreme Court · 1865

14 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. Phillips v. Mirac, IncMichigan Supreme Court · 2004
  2. Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  3. People v. PowellCalifornia Supreme Court · 1891
  4. State v. PetersonWyoming Supreme Court · 1920
  5. Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936

91 more not listed; retrieve them via the Exa API.

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