Whitehead v. Van Buren Circuit Judge

The plaintiff was arrested in St. Joseph county under a writ of capias ad respondendum issued *505out of the circuit court of Van Burén county. He moved for his discharge for the reason, among others, that the sheriff of Van Burén county had no authority to make the arrest in another county. We aré asked to require the defendant to set aside the order denying this motion and to grant the same.

Our statutory provisions relative to the issue, service and return of such writs will be found in 3 Comp. Laws 1915, § 12414 et seq. No express provision will be found authorizing service outside the county…