In re Wood

• Citation: 45 N.W. 1113,82 Mich. 75
• Parties: In re WOOD.
• Decision Date: 02 July 1890
• Court: Supreme Court of Michigan

82 Mich. 75
45 N.W. 1113

In re WOOD.

Supreme Court of Michigan.

July 2, 1890.

On application for writ of habeas corpus.

[45 N.W. 1113]

E. T. Wood, in pro. per., John G. Hawley, Edwin F. Conely, and W. H. H. Russell,

[45 N.W. 1114]

for petitioner. Jasper C. Gates, for Wayne Circuit Court, respondent.

CHAMPLIN, C. J.

Wood presented his petition to this court, setting up that he was imprisoned and restrained of his liberty by Harvey S. Millard, deputy-sheriff of the county of Wayne, at the city of Lansing, by virtue of a writ of process issued out of the circuit court for the county of Wayne, a copy of which is as follows:

“State of Michigan, county of Wayne-ss.: In the circuit court for said county. To the Sheriff or Deputy-Sheriff of Wayne County, greeting: Whereas, it has been made to appear to said circuit court, by return of the officers duly made, that E. T. Wood was duly served with an order of said court citing him to appear before said court on Wednesday, the 4th day of June, 1890, at 9:30 o'clock A. M., to show cause why he should not be punished for contempt of court, and the hearing of said matter being continued until 2 P. M. of said June 4th, at which time said respondent was ordered to appear in court, and E. T. Wood has made default in obeying the command of said order: Now, therefore, you, and each of you, are hereby commanded, in the name of the people of the state of Michigan, forth with to apprehend said Wood, and bring him before the said court to be dealt with according to law; and you are further commanded to detain, in the manner prescribed by law, the said Wood, until he shall be discharged by said circuit court, and of this writ make due return. Witness the Honorable H. N. BREVOORT, Presiding Judge, on the 4th day of June, A. D. 1890. WM. P. LANE, Clerk of the Circuit Court for the County of Wayne. By WM. MAY, Dp. Clk.”

The petitioner alleges that he is not imprisoned or detained by virtue of any process, judgment, decree, or execution specified in the eighth section of chapter 296, How. St. He alleges several causes why his imprisonment is illegal, viz.: Because it does not appear in or by said writ or process that he was lawfully required to appear in person in the circuit court for the county of Wayne on the 4th day of June, A. D. 1890; (2) because it does not appear in or by said writ or process that he had been guilty of any contempt of court, or that for any other reason the circuit court for the county of Wayne had any authority, power, or jurisdiction to make an order requiring him to appear before the court on the 4th of June, 1890, to show cause why he should not be punished for contempt of court; (3) because such writ is void on its face, and without warrant of law. The petition sets up further and other facts and proceedings which led up to the issuing of the writ, which will be referred to below so far as is necessary to an understanding of the case. We issued our writ of habeas corpus, and the officer made return that he had Mr. Wood in custody under the above-named writ. The return of the officer was traversed, setting up that the proceedings upon which the writ issued were without authority of law, and void. We...