Clark v. Mikesell
Michigan Supreme Court
Error to Eaton. (Hooker, J.) Proceedings for punishment of fraudulent debtor under How. Stat. chapter 304. Plaintiffs bring error. The facts are stated in the opinion. 1. A plea in bar waives any objection to the jurisdiction of the court, which is affirmed by such plea; citing Webb v. Mann, 3 Mich. 139; Ins.
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Error to Eaton. (Hooker, J.) Proceedings for punishment of fraudulent debtor under How. Stat. chapter 304. Plaintiffs bring error. The facts are stated in the opinion. 1. A plea in bar waives any objection to the jurisdiction of the court, which is affirmed by such plea; citing Webb v. Mann, 3 Mich. 139; Ins. Co. v. Curtis, 32 Id. 402; and where, after pleading in abatement, the defendant pleads in bar, he waives his first plea; citing Burnham v. Webster, 5 Mass. 266-268. 2. Conceding the arrest to be illegal, the justice obtained full jurisdiction when defendant pleaded to the merits, and…
1Opinion of the CourtLong, J.
The facts in this case are briefly stated in the brief of counsel for appellants, as follows:
“This action was brought in a justice court under the provisions of chapter 304, How. Stat., entitled ‘Punishment of Fraudulent Debtors/ The defendant was arrested under the warrant issued in the case, and brought before the justice. On appearing in court, instead of controverting the facts and circumstances set forth in the *48affidavit for his arrest, or taking other measures as provided for by section 8756, a plea was filed purporting to be a plea to the jurisdiction of the justice, on the ground of…
2Cited by4 opinions
- Baker v. DelanoMichigan Supreme Court · 1916
- Gilbert v. Ann Arbor RailroadMichigan Supreme Court · 1910
- Folkmire v. Michigan United Railways Co.Michigan Supreme Court · 1909
- Konieczny v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1910