Gardiner v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by John B. Gardiner to compel Joseph W. Donovan, circuit judge of Wayne county, to quash a writ of capias ad respondendum. ' Relator was arrested on a capias ad respondendum, and held to bail in the sum of $1,000. The relator moved to quash the writ (1) because the affidavit attached to said writ does not state any cause of action authorizing the issuance of a writ; (2) the affidavit is insufficient; and (3) the affidavit does not state facts and circumstances…
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Mandamus by John B. Gardiner to compel Joseph W. Donovan, circuit judge of Wayne county, to quash a writ of capias ad respondendum. ' Relator was arrested on a capias ad respondendum, and held to bail in the sum of $1,000. The relator moved to quash the writ (1) because the affidavit attached to said writ does not state any cause of action authorizing the issuance of a writ; (2) the affidavit is insufficient; and (3) the affidavit does not state facts and circumstances sufficient to justify the issuance of the writ. The affidavit alleges that the affiant, Bertram E. Stevens, was induced by…
1Opinion of the CourtGrant, J.
(after stating the facts). It appears from Mr. Stevens’ affidavit for the writ that he signed the agreement of November 8th with knowledge of all the differences between that and the unexecuted agreement of September 15th; at least he makes no assertion that he was not aware of them. He had both in his possession, and yet afterwards he made a payment, thereby ratifying *416the terms of the executed contract. That part of the affidavit is therefore of no significance, and affords no justification whatever for the issuance of the capias. That part of the affidavit stating that he has been informed…
2Cases cited1 opinion
- Church v. Calhoun Circuit JudgeMichigan Supreme Court · 1901
3Cited by6 opinions
- Pratt v. Allegan Circuit JudgeMichigan Supreme Court · 1913
- Soule v. Ottawa Circuit JudgeMichigan Supreme Court · 1913
- Buchanan v. Wayne Circuit JudgeMichigan Supreme Court · 1926
- Rice v. Kalamazoo Circuit JudgeMichigan Supreme Court · 1913
- Fidelity Corporation v. Circuit JudgeMichigan Supreme Court · 1927
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