In re Stephenson
Michigan Supreme Court
Habeas corpus and Certiorari. The prisoner was held by the sheriff of Van Burén county by virtue of his surrender by his special bail in an action commenced by capias by tbe Paw Paw railroad company against said Stephenson, and now pending in tbe Van Burén circuit.
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Habeas corpus and Certiorari. The prisoner was held by the sheriff of Van Burén county by virtue of his surrender by his special bail in an action commenced by capias by tbe Paw Paw railroad company against said Stephenson, and now pending in tbe Van Burén circuit. The case made by the affidavit on which the capias issued was that 'Stephenson as superintendent of the plaintiff company bad collected large sums of money belonging to tbe company wliicb be bad failed to account for and pay over on demand. Tbe defendant had appeared in the-canse by putting in special bail, and bad also pleaded-to…
1Opinion of the Court
The Coubt
held that tbe putting in special bail and pleading in tbe canse did not operate as a waiver of jurisdictional' defects in tbe affidavit which is tbe basis of tbe origina! arrest; that tbe case made by tbe affidavit in question is one of an action “arising upon contract” within the meaning of that phrase as used in tbe statute (Clomp. L. 1871, § 5734), and not being one of those actions there enumerated as alone authorized to be commenced by capias, that the arrest and imprisonment was unwarranted and illegal.
Prisoner discharged.
2Cited by5 opinions
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- Fish ex rel. Smith v. BarbourMichigan Supreme Court · 1880
- People ex rel. Hackett v. Judge of the Wayne CircuitMichigan Supreme Court · 1877
- Dallas v. GarrasMichigan Supreme Court · 1943