Legal Opinion

Wilson & Co. v. Franz

Michigan Supreme Court

Decided July 17, 1919No. Docket No. 84PublishedCited by 4 opinions

Error to Berrien; White, J. Case by Wilson & Co., Inc., against Fred C. Franz, sheriff of Berrien county, for permitting a judgment debtor to escape jail limits. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBird, C. J.

In July, 1910, Schwarzchild & Sulzberger, wholesalers of meats in the city of Chicago, began an action of tort in the Berrien circuit court against one Edward Cryan. This resulted in a judgment for plaintiff in January, 1918, in the sum of $1,138.12. In March following an execution against the goods and chattels of Cryan was issued, but was later returned unsatisfied. Following this a writ of capias ad satisfaciendum was issued and Cryan was taken into, custody by defendant, who was, at that time, sheriff of Berrien county. Cryan gave a jail-limits bond to the sheriff. In October, 1916, Cryan…

2Cases cited1 opinion

  1. Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872

3Cited by4 opinions

  1. Deeg v. City of DetroitMichigan Supreme Court · 1956
  2. Mason v. Vogue Knitting Corp.Michigan Supreme Court · 1962
  3. American Surety Co. v. Van GilderCourt of Appeals for the Sixth Circuit · 1940
  4. Schwartz v. GolnerMichigan Supreme Court · 1929

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