Bronson v. Newberry
Michigan Supreme Court
Case reserved from Wayne Circuit Court. A capias ad respondendum, issued out of Wayne circuit court, in a suit wherein Bronson was plaintiff, and one Camp defendant, returnable at the November term, 1837, of said court, having been returned duly served, Newberry thereupon, on the 20th day of December, in the same year and term, joined Camp in executing a recognizance of special bail, whereby they acknowledged themselves to owe unto Bronson the sum of $3080, to be levied, &c.…
Read the full summary
Case reserved from Wayne Circuit Court. A capias ad respondendum, issued out of Wayne circuit court, in a suit wherein Bronson was plaintiff, and one Camp defendant, returnable at the November term, 1837, of said court, having been returned duly served, Newberry thereupon, on the 20th day of December, in the same year and term, joined Camp in executing a recognizance of special bail, whereby they acknowledged themselves to owe unto Bronson the sum of $3080, to be levied, &c. upon condition, that, if Camp should be condemned in the action at the suit of Bronson, he, the said Camp, should pay…
1Opinion of the CourtRansom, C. J.
It is very clear that the defendant is entitled to have an exoneretur entered upon his recognizance, if the act abolishing imprisonment for debt, (S. L. 1839, p. 76,) operated to prohibit the imprisonment of Camp, his principal, upon any process issued upon the judgment against him. 9 Pet. 358, and cases there cited.
1. But it is contended on the part of the plaintiff, that the defendant’s recognizance of bail having been acknowledged and entered into prior to the passage of the act, is not affected by it; the act containing no express words declaring it retrospective in its operation, and the…
2Cases cited3 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- United States v. FisherSupreme Court of the United States · 1805
- Mason v. HaileSupreme Court of the United States · 1827
3Cited by4 opinions
- Willard v. HarveySuperior Court of New Hampshire · 1852
- Watkins v. GlennSupreme Court of Kansas · 1895
- Bourgette v. WilliamsMichigan Supreme Court · 1889
- People v. ConverseMichigan Supreme Court · 1889