People ex rel. McCallum v. Gebhardt
Michigan Supreme Court
Error to Cheboygan; Shepherd, J. Submitted October 6, 1908. Case by the People of the State of Michigan, on the relation of Maud McCallum, against Otto H. Gebhardt, sheriff, and Jacob J. Post, Arthur M. Gerow, and John B. McArthur, sureties on his official bond, for the escape of a prisoner arrested on a capias ad respondendum. There was judgment for plaintiff, and defendants bring error.
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Error to Cheboygan; Shepherd, J. Submitted October 6, 1908. Case by the People of the State of Michigan, on the relation of Maud McCallum, against Otto H. Gebhardt, sheriff, and Jacob J. Post, Arthur M. Gerow, and John B. McArthur, sureties on his official bond, for the escape of a prisoner arrested on a capias ad respondendum. There was judgment for plaintiff, and defendants bring error. The defendant Otto Gebhardt during the year 1906 was sheriff of Cheboygan county; the other defendants being súreties on his bond. On August 16, 1906, the plaintiff Maud McCallum caused to be issued out of…
1Opinion of the CourtOstrander, J.
(after stating the facts). The writ of capias ad respondendum was not prematurely issued. The date of a writ is undoubtedly prima facie evidence of the time it was actually issued (Howell v. Shepard, 48 Mich. 472), but a suit is not commenced by writ until the writ is delivered or transmitted to an officer with the bona fide intention of having it served (Dedenbach v. City of Detroit, 146 Mich. 710). The statute (3 Comp. Laws, § 9998) permits personal actions to be commenced by capias ad respondendum in certain cases “where an order for bail shall be indorsed on the writ by a judge of the…
2Cases cited8 opinions
- Howell v. ShepardMichigan Supreme Court · 1882
- Buckley v. LowryMichigan Supreme Court · 1852
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3Cited by7 opinions
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