Legal Opinion

Baehr v. Decker

Michigan Supreme Court

Decided June 29, 1937No. Calendar 39,377Published

1Opinion of the CourtWiest, J.

Upon a judgment in a tort action against defendant, plaintiff sued out a body execution or capias ad satisfaciendum, placed defendant in jail, paid the jail fees for a time, then neglected further payment and defendant was released from custody as provided by 3 Comp. Laws 1929, § 14756. Thereafter plaintiff sued out a writ of garnishment on the judgment and defendant moved to quash the writ on the ground that his discharge from custody, under the circumstances mentioned, satisfied the judgment. The court denied the motion and defendant reviews by appeal in the nature of mandamus, and presents…

2Cases cited7 opinions

  1. Marshall Field & Co. v. FreedIllinois Supreme Court · 1915
  2. Marshall Field & Co. v. FreedAppellate Court of Illinois · 1915
  3. Stephenson v. PurchaseMichigan Supreme Court · 1921
  4. Lambert v. WiltshireIllinois Supreme Court · 1893
  5. Kellogg v. UnderwoodMassachusetts Supreme Judicial Court · 1895

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