Fuller v. Bowker
Michigan Supreme Court
Error to Branch Circuit. The action was brought by Bowker against Sylvester P. May and his attorneys, for false imprisonment in causing Bowker to be arrested on a capias ad satisfaciendum issued upon a judgment rendered in said Circuit Court, in favor of May against Bowker, in an action of replevin. The first count of the declaration was in the ordinary ■ form, averring no special damage.
Read the full summary
Error to Branch Circuit. The action was brought by Bowker against Sylvester P. May and his attorneys, for false imprisonment in causing Bowker to be arrested on a capias ad satisfaciendum issued upon a judgment rendered in said Circuit Court, in favor of May against Bowker, in an action of replevin. The first count of the declaration was in the ordinary ■ form, averring no special damage. The second count was as follows: “ And also, for that the said Sylvester P. May, Esbon G. Fuller, and Caleb D. Randall, on the first day of May, one thousand eight hundred and sixty, with force and arms made…
1Opinion of the Court
Christiancy J.:
Can a capias ad satisfaciendum be issued on a judgment for damages and costs recovered by the plaintiff in an action of replevin in the Circuit Court? This, though not the first question presented by the record, is the first in logical order, and if decided in the affirmative, determines the cause in favor of the plaintiff in error.
It is very clear that imprisonment on an execution in such a case does not fall within the prohibition either of the Constitution, Art. VI, § 33, or of the non-imprisonment act of 1839, 2 Comp. L. Ch. 166.
*210Our statutes nowhere specify or enumerate the…
2Cases cited1 opinion
- Gold v. BissellNew York Supreme Court · 1828
3Cited by9 opinions
- Badger v. ReadeMichigan Supreme Court · 1878
- Bates v. KitchelMichigan Supreme Court · 1911
- Forsythe v. Washtenaw Circuit JudgeMichigan Supreme Court · 1914
- Allen v. FrommeAppellate Division of the Supreme Court of the State of New York · 1910
- General Motors Acceptance Corp. v. EllarMichigan Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.