Legal Opinion

Parsons v. Russell

Michigan Supreme Court

Decided January 13, 1863PublishedCited by 24 opinions

Error to Wayne Circuit. Plaintiffs in error brought action upon a bond given by defendants in error for the release of the steamer Illinois, which had been seized under the Boat and Vessel Law, so called (chapter 149 of Compiled Laws), on a warrant issued by T. S. Blackmar, a Circuit Court Commissioner of Wayne county. The bond was conditioned for the payment to plaintiffs in error of the sum of $761 96, the amount of their claim for which the boat was seized.

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Error to Wayne Circuit. Plaintiffs in error brought action upon a bond given by defendants in error for the release of the steamer Illinois, which had been seized under the Boat and Vessel Law, so called (chapter 149 of Compiled Laws), on a warrant issued by T. S. Blackmar, a Circuit Court Commissioner of Wayne county. The bond was conditioned for the payment to plaintiffs in error of the sum of $761 96, the amount of their claim for which the boat was seized. The defendants' demurred to the declaration, assigning several special causes; but as the constitutionality of the Boat and Vessel Law…

1Opinion of the Court

Martin Ch. J.:

The constitutionality of the Boat and Vessel Law is the first question to be considered in this case, for if the law be found to be unconstitutional the plaintiffs have no standing in Court, and all the minor questions raised by *121the record are unimportant. It is contended by tbe defendants that the law violates that provision of the Constitution which declares that no person shall be deprived of life, liberty or property without due process of law.

Whatever may be the difficulty of defining this phrase of the Constitution when sought to be applied to other proceedings, when used…

2Cases cited11 opinions

  1. Stuart v. LairdSupreme Court of the United States · 1803
  2. Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
  3. Sears v. CottrellMichigan Supreme Court · 1858
  4. Bidwell v. WhitakerMichigan Supreme Court · 1850
  5. Chappee v. ThomasMichigan Supreme Court · 1858

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

3Cited by24 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  3. Railroad v. HarrisTennessee Supreme Court · 1897
  4. Rassner v. Federal Collateral Society, Inc.Michigan Supreme Court · 1941
  5. Board of Directors v. CollinsNebraska Supreme Court · 1895

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

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