McDonell v. Wayne Circuit Judge

On October 9, 1920, plaintiff recovered judgment against Frank E. Hager, defendant, in the sum of $3,500. On October 12th, a writ of fieri facias was issued. This writ was returned unsatisfied on November 16th. On September 15, 1922, a writ, of capias ad satisfaciendum was issued on the judgment, on which Hager was arrested. He was released by the defendant circuit judge on a writ of supersedeas on September 21st. Mandamus is here asked to vacate the order for such writ. It is conceded that the cause of action was such as entitled plaintiff to issue an execution against the body.

The question…