People ex rel. Hackett v. Judge of the Wayne Circuit
Michigan Supreme Court
Application, for Mandamus. This is an application to require respondent to vacate an order granted by him, vacating an order of the circuit court commissioner, holding to bail one Hervey S. Dale upon a capias ad respondendum, wherein relator was plaintiff.
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Application, for Mandamus. This is an application to require respondent to vacate an order granted by him, vacating an order of the circuit court commissioner, holding to bail one Hervey S. Dale upon a capias ad respondendum, wherein relator was plaintiff. The ■question raised relates to the sufficiency of the affidavit, which reads as follows: “ Bobert J. Hackett, being duly sworn, deposes and says he has, as he has good reason to believe, a just cause of action against Hervey S. Dale for wrongfully converting and disposing of the undivided one-half of the following property, to wit: two…
1Opinion of the Court
Marston, J:
Within the principles of previous decisions of this court, we are of opinion that a party should not be deprived of his personal liberty upon an affidavit which merely states ’conclusions upon information and belief. The facts and circumstances should be set forth in detail, so that when presented to an officer to fix hail, he can exercise some judgment based upcm the facts, and not the conclusions of the affiant merely. A creditor may think he has good reason to believe that he has a cause of action against another, when if the facts were fully set forth, it might appear…
2Cases cited2 opinions
- Josselyn v. McAllisterMichigan Supreme Court · 1872
- In re StephensonMichigan Supreme Court · 1875
3Cited by9 opinions
- Swart v. KimballMichigan Supreme Court · 1880
- People v. HeffronMichigan Supreme Court · 1884
- Sheridan v. BriggsMichigan Supreme Court · 1884
- Brown v. HadwinMichigan Supreme Court · 1914
- Graham v. Cass Circuit JudgeMichigan Supreme Court · 1896
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