Gunst v. Davis
Michigan Supreme Court
Certiorari to Macomb; Tappan (Harvey), J., presiding. Habeas corpus proceedings by William Davis to obtain his release from a body execution. From an order denying a motion to amend the body execution, and discharging defendant, plaintiff brings certiorari.
1Opinion of the CourtFellows, C. J.
George Gunst recovered judgment in the sum of $1,500 against William Davis in the Macomb county circuit for assault and battery. Execution was issued and returned unsatisfied June 1, 1921. On June 14th a body execution was issued returnable June 30th. Defendant, was taken into custody and July 25th instituted habeas corpus proceedings to secure his release, his claim being that the execution was void because the return day was less than 20 days, contrary to the provisions of the statute *221(3 Comp. Laws 1915, § 12816).. Plaintiff’s counsel then moved to amend the return day, setting up that the…
2Cases cited17 opinions
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