People v. Payment
Michigan Supreme Court
Exceptions before judgment from Chippewa; Steere, J. Minnie Payment and John E. McDonald were convicted of adultery, and the former assigns error.
1Opinion of the CourtHooker, J.
The defendant, Minnie Payment, was convicted of adultery upon a plea of not guilty, entered by direction of the court by reason of her refusal to plead to the information. Her counsel claim that the conviction is void because of a want of jurisdiction in the examining magistrate (1) because he was not a lawful officer; (2) because the arrest, complaint, and warrant were unlawful and void.
The magistrate was elected to the office of justice of the peace at the regular spring election of 1894. On the 4th of July following he received the docket and papers from his predecessor, and entered upon…
2Cases cited4 opinions
- Carleton v. PeopleMichigan Supreme Court · 1862
- Dunphy v. People ex rel. WhippleMichigan Supreme Court · 1872
- People v. BennettMichigan Supreme Court · 1895
- Edison v. AlmyMichigan Supreme Court · 1887
3Cited by18 opinions
- People v. NawrockiMichigan Court of Appeals · 1967
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- People v. JacksonMichigan Court of Appeals · 1973
- People v. MatthewsMichigan Supreme Court · 1939
- Greyhound Corp. v. Public Service CommissionMichigan Supreme Court · 1960
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