People ex rel. Moore v. Kehl
Michigan Supreme Court
Certiorari to William S. Atwood, a Circuit Court Commissioner for Wayne county. This was an application to review proceedings before a Circuit Court Commissioner upon habeas corpus. Moore sued Kehl in an action of trespass before a justice of the peace, and obtained judgment. An execution issued against the body of Kehl, but was returned “ not found.”
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Certiorari to William S. Atwood, a Circuit Court Commissioner for Wayne county. This was an application to review proceedings before a Circuit Court Commissioner upon habeas corpus. Moore sued Kehl in an action of trespass before a justice of the peace, and obtained judgment. An execution issued against the body of Kehl, but was returned “ not found.” Afterwards, a second execution was issued upon the same judgment, and upon which the defendant Kehl was arreste and imprisoned in the county jail. Kehl sued out a writ of habeas corpus, returnable before the Circuit Court Commissioner, and moved…
1Per curiam
The plaintiff’ in the execution was entitled, under the statute — 2 Comp. L. § 5237 — to four days notice of the time and place at which the writ was returnable before any order of discharge could be made.
The appearance of the plaintiff’s attorney for the purpose of objecting to the hearing of the writ, until such notice had been given to the plaintiff can not be treated as a waiver.
In an action of trespass, when an original execution can issue against the body of a defendant, an alias execution may also issue against the body upon the return of the previous one, “not found.”
Ordered, that the…
2Cited by2 opinions
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