People v. Ortwski
| Decision Date | 02 November 1922 |
| Docket Number | No. 90.,90. |
| Parties | PEOPLE v. ORTWSKI et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Recorder's Court of Detroit; Thomas M. Cotter, Judge.
Stanley Ortwski and another were convicted of violation of the prohibition law, and they bring error. Writ dismissed.
Argued before FELLOWS, C. J., and WIEST, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ.McClear, Stein & Sarbaugh, of Detroit (J. Richard Newman, of Detroit, of counsel), for appellants.
Merlin Wiley, Atty. Gen., and Paul W. Voorhies, Pros. Atty., and Seward F. Nichols, Asst. Pros. Atty., both of Detroit, for the People.
Defendants were convicted of a violation of the prohibition law. The judgment was alternative, fine or imprisonment. It was conceded by counsel at the argument, and it is also indicated by the transcript of calendar entries in the record, that when the writ of error was sued out the fine had been paid. There is nothing in the record to indicate that the payment was under distress or duress beyond the fact that the judgment was alternative. See People v. Leavitt, 41 Mich. 470, 2 N. W. 812;Ideal Furnace Co. v. Molders' Union, 204 Mich. 311, 169 N. W. 946; 17 C. J. 48; Clairview Park Imp. Co. v. Railway, 164 Mich. 74, 129 N. W. 353,33 L. R. A. (N. S.) 250.
The judgment having been satisfied by payment, the writ has no office. It is dismissed.
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