Legal Opinion

First National Tire & Reliner Co. v. Johnson

Michigan Supreme Court

Decided March 30, 1921No. Docket No. 8PublishedCited by 3 opinions

Error to superior court of Grand Rapids; Dunham (Major L.), J. Capias ad respondendum proceedings by the First National Tire & Reliner Company against Stuart R. Johnson. From an order quashing the capias and continuing the writ as a summons, plaintiff brings error.

1Opinion of the CourtWiest, J.

This suit was commenced by capias ad respondendum. Defendant was arrested and gave bail to the sheriff and appeared specially in the case and moved the court to quash the writ, vacate the order to hold to bail and to discharge the bail bond given the sheriff, claiming the affidavits upon which the writ was granted were insufficient. The trial court ordered that:

“The writ, as a capias, be and hereby is quashed and the order holding to bail be, and hereby is, vacated and set aside, and that said writ continue as a summons, and the said suit be, and hereby is continued as if commenced by writ of…

2Cases cited9 opinions

  1. Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
  2. Sheridan v. BriggsMichigan Supreme Court · 1884
  3. City of Flint v. Genesee Circuit JudgeMichigan Supreme Court · 1906
  4. Dages v. Sanilac Circuit JudgeMichigan Supreme Court · 1899
  5. Shaw v. AshfordMichigan Supreme Court · 1896

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Barber v. TuohyMichigan Court of Appeals · 1971
  2. Cramer v. METRO. FED. SAV. & L. ASSOC.Michigan Court of Appeals · 1971
  3. Cramer v. Metropolitan Federal Savings & Loan Ass'nMichigan Court of Appeals · 1971

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