Ward v. Cozzens
Michigan Supreme Court
Error to Wayne Circuit. The plaintiff below declared in trespass for false imprisonment. The defendants plead the general issue, and gave notice, that they would prove that they were attorneys of the U. S. Circuit Court, and as such were retained by Foster & Taylor, citizens of Massachusetts, to collect a claim of over five hundred dollars against the plaintiff, who was a citizen of the State of Michigan ; that they applied to one of the Judges of said U. S. Circuit Court…
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Error to Wayne Circuit. The plaintiff below declared in trespass for false imprisonment. The defendants plead the general issue, and gave notice, that they would prove that they were attorneys of the U. S. Circuit Court, and as such were retained by Foster & Taylor, citizens of Massachusetts, to collect a claim of over five hundred dollars against the plaintiff, who was a citizen of the State of Michigan ; that they applied to one of the Judges of said U. S. Circuit Court for an order directing a capias ad respondendum to issue against the said plaintiff at the suit of Foster & Taylor; that…
1Opinion of the Court
By the Court,
Johnson, J.
It was insisted by the plaintiffs on the argument of this cause, that the order made by the Circuit Judge directing the issue of the capias, was in pursuance of the laws and rules regulating the practice of the Circuit Court.
Upon the examination of the several acts of Congress referred to by counsel, and the rules of said Court, we are inclined to the opinion that they, will not admit of such a construction.
The process act of 1842 adopts that of 1828, the first of which enacts: “That the form of mesne process, except the style and the forms, and modes of proceedings in…
2Cases cited7 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
- Kennedy v. Georgia State BankSupreme Court of the United States · 1850
- The Chesapeake Insurance Company v. StarkSupreme Court of the United States · 1810
- Reynolds v. CorpNew York Supreme Court · 1805
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Thompson v. EllsworthMichigan Supreme Court · 1878
- People v. WolfsonMichigan Supreme Court · 1933
- Thomas v. RosecrantzMichigan Supreme Court · 1916
- Schultz v. HuebnerMichigan Supreme Court · 1896