In re Buddington
Michigan Supreme Court
Proceedings on habeas corpus. The return of Miron Bunnell, sheriff of Bay county, to the writ of habeas corpus, sets forth that the prisoner was held in custody by virtue of a commitment issued by Russell D. Black, justice of the peace for Tuscola county, in an action of debt, brought and prosecuted in the name of the people on the complaint of Benjamin A. Wood, “for the third offense for selling spirituous or intoxicating liquors,” etc., in violation of section three of the…
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Proceedings on habeas corpus. The return of Miron Bunnell, sheriff of Bay county, to the writ of habeas corpus, sets forth that the prisoner was held in custody by virtue of a commitment issued by Russell D. Black, justice of the peace for Tuscola county, in an action of debt, brought and prosecuted in the name of the people on the complaint of Benjamin A. Wood, “for the third offense for selling spirituous or intoxicating liquors,” etc., in violation of section three of the prohibitory liquor law, which recited that said prisoner was convicted in such action, and that upon such conviction…
1Opinion of the Court
The Court
held that proceedings under this statute are not strictly criminal in their nature; that the provision of *474the statute as to the general criminal jurisdiction of a justice of the peace does not operate as a limit to his jurisdiction as expressly given by the act in question, ■which stands by itself and relates to a special proceeding; that as there is no constitutional provision limiting the jurisdiction, which this act infringes, the legislature had authority to confer the jurisdiction upon a justice of the peace, and to regulate the extent of punishment to be inflicted under these…
2Cited by6 opinions
- People v. CummingsMichigan Supreme Court · 1891
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- State v. SnyderNew Mexico Supreme Court · 1924
- In re BurgerMichigan Supreme Court · 1878
- Scavarda v. PeopleSupreme Court of Colorado · 1914
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