Conrad v. Van Buren Circuit Judge
Michigan Supreme Court
Mandamus by William Conrad to compel L. Burget Des Voignes, circuit judge of Van Burén county, to vacate an order denying a motion to discharge relator from arrest and avoiding his bail bond. Relator was arrested on a writ of capias ad respondendum on the 11th day of September, 1905, and was taken into custody by the sheriff of Van Burén county in ac-. cordance with an order to hold to bail indorsed on said writ.
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Mandamus by William Conrad to compel L. Burget Des Voignes, circuit judge of Van Burén county, to vacate an order denying a motion to discharge relator from arrest and avoiding his bail bond. Relator was arrested on a writ of capias ad respondendum on the 11th day of September, 1905, and was taken into custody by the sheriff of Van Burén county in ac-. cordance with an order to hold to bail indorsed on said writ. Relator, having given a bond in the sum of $2,000, was released, and afterwards, on the 26th day of September, 1905, put in special bail as required by law. On the 10th day of…
1Opinion of the CourtBlair, J.
(after stating the facts). In my opinion, this affidavit was not sufficient to justify the issuance of the writ and the arrest of the relator thereunder. The Constitution of the State (article 6, § 26) provides that “ no warrant to search any place or to seize any person or things shall issue without describing them nor without probable cause, supported by oath or affirmation.” In Brown v. Kelley, 20 Mich. 27, this court had occasion to construe this provision of the Constitution as applied to a *496warrant issued by a justice of the peace upon an affidavit setting out the facts relied on in the…
2Cases cited4 opinions
- Proctor v. ProutMichigan Supreme Court · 1869
- Brown v. KelleyMichigan Supreme Court · 1870
- Sheridan v. BriggsMichigan Supreme Court · 1884
- Robinson v. Branch Circuit JudgeMichigan Supreme Court · 1905
3Cited by6 opinions
- People v. EffelbergMichigan Supreme Court · 1922
- H. J. Cheney Co. v. AllgeoMichigan Supreme Court · 1911
- In re O'Neill, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1956
- Soule v. Ottawa Circuit JudgeMichigan Supreme Court · 1913
- Martin v. Saginaw Circuit JudgeMichigan Supreme Court · 1912
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