Legal Opinion

Robinson v. Branch Circuit Judge

Michigan Supreme Court

Decided November 21, 1905No. Calendar No. 21,343PublishedCited by 5 opinions

Mandamus by Tom F. Robinson to compel George L. Yaple, circuit judge of Branch county, to set aside an order denying a motion to quash capias ad respondendum proceedings.

1Opinion of the CourtOstrander, J.

Relator was arrested July 6, 1903, upon a writ of capias ad respondendum,'gave a bond for his appearance, in accordance with an order indorsed upon the writ, and was released from custody. July 17, 1903, a declaration was filed in the cause. Without entering appearance, respondent, on August 15, 1903, moved to quash the proceedings, basing the motion upon his own affidavit, filed, and the records and files of the case. The particular reasons stated in the motion are:

1. That the affidavit for the writ does not show the facts therein stated to be within the personal' knowledge of affiant.

2.…

2Cases cited2 opinions

  1. Sheridan v. BriggsMichigan Supreme Court · 1884
  2. Shaw v. AshfordMichigan Supreme Court · 1896

3Cited by5 opinions

  1. People v. EffelbergMichigan Supreme Court · 1922
  2. Pratt v. Allegan Circuit JudgeMichigan Supreme Court · 1913
  3. Conrad v. Van Buren Circuit JudgeMichigan Supreme Court · 1906
  4. Soule v. Ottawa Circuit JudgeMichigan Supreme Court · 1913
  5. Martin v. Saginaw Circuit JudgeMichigan Supreme Court · 1912

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