Legal Opinion

In re Joseph

Michigan Supreme Court

Decided July 17, 1919No. Docket No. 13PublishedCited by 18 opinions

Certiorari to Crawford; Sharpe, J. Habeas corpus proceedings by Henry Joseph to obtain his release from custody under a writ of capias ad satisfaciendum by the American Express Company. From an order discharging defendant from custody, plaintiff brings certiorari.

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Certiorari to Crawford; Sharpe, J. Habeas corpus proceedings by Henry Joseph to obtain his release from custody under a writ of capias ad satisfaciendum by the American Express Company. From an order discharging defendant from custody, plaintiff brings certiorari. The K. & W. Rubber Company of Ashland, Ohio, shipped to Henry Joseph at Grayling, automobile tires of the value of $1,835.68. The shipment was by express, C. O. D. When the tires reached Grayling, the express company being without storage room and the shipment not being paid for by the consignee, an arrangement was made by the…

1Opinion of the CourtFellows, J.

(after stating the facts). We are met at the threshold of this case with the question of whether the circuit court for the county of Crawford may, in this habeas corpus proceeding, inquire into the validity and enforceability of the judgment rendered in that court in the case of the American Express Company against Henry Joseph. The court had jurisdiction over the subject-matter of that case. We are not impressed that the attachment to the declaration of the notice of the rule to plead instead of writing it upon the back of the document was such a defect as vitiated the service and the…

2Cases cited13 opinions

  1. In re VitaliMichigan Supreme Court · 1908
  2. In re EatonMichigan Supreme Court · 1873
  3. Bryant v. KinyonMichigan Supreme Court · 1901
  4. Field v. HowryMichigan Supreme Court · 1903
  5. Hamilton's CaseMichigan Supreme Court · 1883

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In Re BrazelMichigan Supreme Court · 1940
  2. In Re PalmMichigan Supreme Court · 1931
  3. People v. PriceMichigan Court of Appeals · 1970
  4. National Discount Corp. v. O'MellCourt of Appeals for the Sixth Circuit · 1952
  5. In Re KrusiewiczMichigan Supreme Court · 1933

13 more not listed; retrieve them via the Exa API.

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