In re Stephenson
| Decision Date | 29 April 1875 |
| Citation | 32 Mich. 60 |
| Court | Michigan Supreme Court |
| Parties | In the matter of Charles D. Stephenson |
Heard April 29, 1875
Habeas Corpus and Certiorari.
The prisoner was held by the sheriff of Van Buren county by virtue of his surrender by his special bail in an action commenced by capias by the Paw Paw railroad company against said Stephenson, and now pending in the Van Buren circuit. The case made by the affidavit on which the capias issued was that Stephenson as superintendent of the plaintiff company had collected large sums of money belonging to the company which he had failed to account for and pay over on demand. The defendant had appeared in the cause by putting in special bail, and had also pleaded to the declaration. He was afterwards delivered over in exoneration of his bail.
Prisoner discharged.
Alfred J. Mills, for petitioner.
Arthur Brown, contra.
The Court held that the putting in special bail and pleading in the cause did not operate as a waiver of jurisdictional defects in the affidavit which is the basis of the original arrest; that the case made by the affidavit in question is one of an action "arising upon contract" within the meaning of that phrase as used in the statute (Comp. L. 1871, § 5734), and not being one of those actions there enumerated as alone authorized to be commenced by capias, that the arrest and imprisonment was unwarranted and illegal.
Prisoner discharged.
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Gillett v. Needham
...12 Mich. 22) nor by appearance and plea (Pine Saw Logs v. Sias 43 Mich. 356) nor by putting in special bail and pleading ( Stephenson's Case 32 Mich. 60) nor legislation (Hart v. Henderson 17 Mich. 218); one can take advantage at any time of a want of jurisdiction ( Turrill v. Walker 4 Mich......
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Smith v. Dodge
... ... has been made and filed with him (Phenix v. Clark 2 Mich ... 327; Elliott v. Whitmore 5 Mich. 537; Henderson v. Desborough ... 28 Mich. 170) and pleading over does not waive the want of ... jurisdiction. Woodruff v. Ives 34 Mich. 320; Exp. Stephenson ... 32 Mich. 60. A declaration in replevin that does not answer ... the statutory requisites with regard to time, place and ... value, and the unlawful detention of the property is bad ... How. Stat § 8338, Trudo v. Anderson 10 Mich. 370; Bond ... v. Mitchell 3 Barb 304; Pattison v. Adams 7 ... ...
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Dall v. Garras, 67.
...conflict with the contention of appellant on this issue. See Fuller v. Bowker, 11 Mich. 204;Josselyn v. McAllister, 22 Mich. 300;In re Stephenson, 32 Mich. 60;Thompson v. Ellsworth, 39 Mich. 719;Wachsmith v. Merchants' Nat. Bank, 96 Mich. 426, 56 N.W. 9,21 L.R.A. 278;General Motors Acceptan......
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