Pixley v. Berrien Circuit Judge
Michigan Supreme Court
Mandamus by Frank L. Pixley to compel Orville W. Coolidge, circuit judge of Berrien county, to vacate an -order quashing a writ of capias ad respondendum. The relator brought suit, by the writ of capias ,ad respondendum, against one Calvin Totman.
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Mandamus by Frank L. Pixley to compel Orville W. Coolidge, circuit judge of Berrien county, to vacate an -order quashing a writ of capias ad respondendum. The relator brought suit, by the writ of capias ,ad respondendum, against one Calvin Totman. The writ was issued July 1st. The sheriff made return July 3d that he had arrested the defendant by virtue of the writ, and had him in custody as therein commanded, the defendant not having executed and delivered to him a requisite bond. Totman moved to quash the writ on two grounds: (1) That the affidavit was not sufficient; (2) that there had been…
1Opinion of the CourtGrant, C. J.
(after starting the facts). 1. The facts set forth in the affidavit fully j ustify the order to hold to bail. It is not important to set them forth.
2. There was a service of the writ, but it was a defective one. The statute in existence prior to June 23, 1899, provided that the writ should be served “by arresting the body of the defendant, and keeping him in his custody until discharged according to law.” Act No. 168 of the Public Acts of 1899, approved June 23d, and given immediate effect, required that the officer making the arrest should also “serve a copy of the writ, and of the affidavit…
2Cases cited2 opinions
- Ilsley v. HarrisWisconsin Supreme Court · 1859
- Barker v. CookNew York Supreme Court · 1863
3Cited by1 opinion
- People ex rel. McCallum v. GebhardtMichigan Supreme Court · 1908