Wright v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Oliver A. Wright to compel George S, Hosmer, circuit judge of Wayne county, to quash a writ of capias ad respondendum.
1Opinion of the CourtMoore, J.
The relator was arrested upon a writ of capias ad respondendum. He moved the respondent-to quash the writ. His motion was overruled. This is a proceeding to have the order overruling his motion vacated. Two questions are involved: First. Was the áffidavit insufficient? Second. Was the writ of capias void as being contrary to the terms of the statute ?
*500The relator contends the affidavit does not show the facts stated therein were within the personal knowledge of the affiant, and for that reason is fatally defective; citing Proctor v. Prout, 17 Mich. 473; Brown v. Kelley, 20 Mich. 33; Badgers.…
2Cases cited10 opinions
- Proctor v. ProutMichigan Supreme Court · 1869
- Brown v. KelleyMichigan Supreme Court · 1870
- Graham v. Cass Circuit JudgeMichigan Supreme Court · 1896
- Badger v. ReadeMichigan Supreme Court · 1878
- Paulus v. GrobbenMichigan Supreme Court · 1895
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3Cited by2 opinions
- Martin v. Saginaw Circuit JudgeMichigan Supreme Court · 1912
- Grand Trunk Western Railroad v. KaplanskyMichigan Supreme Court · 1935