People v. Rutan
Michigan Supreme Court
Case reserved from Macomb Circuit. Demurrer to declaration upon a recognizance in the words following: “ State of Michigan, 1 County of Macomb, [ We, John Eutan, Asquire "Wb Aldrich, James Covel, and Jacob Summers, 2d., of Macomb County, acknowledge ourselves to be indebted to the People of the State of Michigan in the sum of four thousand dollars, to be’ respectively levied of our several goods and chattels, lands and tenements, to the use of the said People of the State of…
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Case reserved from Macomb Circuit. Demurrer to declaration upon a recognizance in the words following: “ State of Michigan, 1 County of Macomb, [ We, John Eutan, Asquire "Wb Aldrich, James Covel, and Jacob Summers, 2d., of Macomb County, acknowledge ourselves to be indebted to the People of the State of Michigan in the sum of four thousand dollars, to be’ respectively levied of our several goods and chattels, lands and tenements, to the use of the said People of the State of Michigan, if default should be made in the conditions following: The condition of this recognizance is such that,…
1Opinion of the Court
By the Court,
Wing, P. J.
This action is brought upon a recognizance executed by the defendants to the people of this State. ’
To the second count of the declaration the defendants demurred, and one of the causes of demurrer is, that it appeal’s that Smith, the County Judge, had no authority to take the recognizance.
It is urged that as the defendants had been indicted in the County Court, and had elected to be tried in the Circuit Court, they remained in the custody of the sheriff and no officer except the Judge of the Circuit Court could take bail, and that he derived his power from the common…
2Cited by6 opinions
- Brittan Holland v. Kelly RosenCourt of Appeals for the Third Circuit · 2018
- Daniels v. PeopleMichigan Supreme Court · 1859
- Haskins v. RalstonMichigan Supreme Court · 1888
- People v. PichetteMichigan Supreme Court · 1897
- People v. HanawMichigan Supreme Court · 1895
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