Graham v. Cass Circuit Judge
Michigan Supreme Court
Mandamus by William Graham to compel Orville W. Coolidge, circuit judge of Cass county, to quash the proceedings in a libel suit commenced by capias. One Nelson J. Crosby made an affidavit for a capias ad respondendum, charging the relator with libel. An order for bail was indorsed upon the affidavit. The relator was arrested, and gave a bond conditioned that he would appear in the action by putting in special bail.
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Mandamus by William Graham to compel Orville W. Coolidge, circuit judge of Cass county, to quash the proceedings in a libel suit commenced by capias. One Nelson J. Crosby made an affidavit for a capias ad respondendum, charging the relator with libel. An order for bail was indorsed upon the affidavit. The relator was arrested, and gave a bond conditioned that he would appear in the action by putting in special bail. The relator furnished a special bail bond, and caused his appearance to be entered by his attorneys. The plaintiff filed exceptions to the special bail bond. After-wards the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The libel complained of consists of a complaint made by the defendant before a justice of the peace, charging Mr. Crosby with larceny of property of the value of |30. The complaint was privileged, and cannot be made the basis of an action of libel. Hart v. Baxter, 47 Mich. 198, and authorities there cited.
It is, however, insisted that the affidavit is good because the defendant is therein charged “to have repeated the same slanderous words and charges in divers places in said village of Cassopolis, and to divers people.” It is evident that the gravamen of the…
2Cases cited10 opinions
- Sheridan v. BriggsMichigan Supreme Court · 1884
- Hart v. BaxterMichigan Supreme Court · 1881
- Pixley v. WinchellNew York Supreme Court · 1827
- Wright v. JeffreyNew York Supreme Court · 1825
- People ex rel. Hackett v. Judge of the Wayne CircuitMichigan Supreme Court · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Attorney General ex rel. Wolverine Fish Co. v. A. Booth & Co.Michigan Supreme Court · 1906
- Baxter v. WoodwardMichigan Supreme Court · 1916
- Flynn v. BoglarskyMichigan Supreme Court · 1911
- Hempel v. Bay Circuit JudgeMichigan Supreme Court · 1923
- Church v. Calhoun Circuit JudgeMichigan Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.