Chappee v. Thomas
Michigan Supreme Court
Error to Wayne Circuit. Thomas commenced, by warrant, an action against Chap-pee, on contract, before a justice of the peace. The affidavit upon which the warrant issued, set forth the non-residence of Chappee as the sole ground for applying therefor. Chappee was arrested on the warrant, and taken before the justice, where the plaintiff appeared and declared in assumpsit, and the defendant, still in custody, pleaded the general issue.
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Error to Wayne Circuit. Thomas commenced, by warrant, an action against Chap-pee, on contract, before a justice of the peace. The affidavit upon which the warrant issued, set forth the non-residence of Chappee as the sole ground for applying therefor. Chappee was arrested on the warrant, and taken before the justice, where the plaintiff appeared and declared in assumpsit, and the defendant, still in custody, pleaded the general issue. A trial was had, and judgment rendered for plaintiff, from which Chappee took an appeal to the Circuit Court, making therefor the general affidavit, and giving…
1Opinion of the Court
Christiancy J.:
If the warrant, said to have been issued by the justice in this case, was properly before us, we should probably be *56compelled to treat it as a nullity; because, though such warrant is authorized by the express provision of Sec. 19, Chap., 117 of Compiled Laws, yet, so far as relates to the issuing-a warrant in a case on contract, solely on the ground of thenonresidence of the defendant, this provision is admitted on all hands to be in direct conflict with Sec. 33, Art. VI. of the Constitution of the State, and must have been inadvertently inserted in the statute.
But the…
2Cited by19 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- Pease v. Rathbun-Jones Engineering Co.Supreme Court of the United States · 1917
- The People of N.C. Ex Rel . Van Bokkelen v. . CanadaySupreme Court of North Carolina · 1875
- Parsons v. RussellMichigan Supreme Court · 1863
- Rouse, Hazard & Co. v. DonovanMichigan Supreme Court · 1895
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