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People ex rel. Burt v. Judge of Jackson Circuit

The People on the relation of Calvin C. Burt v. The Judge of the Jackson Circuit

People ex rel. Burt v. Judge of Jackson Circuit, 35 Mich. 216 (1876)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 25, 1876
Citations
35 Mich. 216
Headnotes
Scire facias: Mreign county: Original process. Writs oí scire facias cannot, under the statute (Comp. L. 1871, g 6151), foe issued to other counties than that in which the court sits; the statute (Corny. L. 1871, g 571 f), as to original process, does not apply.
Summary
Application for mandamus. This is an application to require respondent to allow a writ of scire facias to issue under the statute (Comp. L. 1871, § 6151) against a defendant residing in another county, addressed to the sheriff of such foreign county.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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*Per Curiam:

We are not satisfied from an examination of the statute that writs of scire facias can be issued to other counties than that in which the court sits.. The statute as to original process (Gomp. L. 1871, § 5748) does not apply.

Motion dénied.

How later courts describe this case

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1895: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. People v. Wenzel62 N.W. 1038 (Mich. 1895)

Most recent

  1. People v. Wenzel62 N.W. 1038 (Mich. 1895)

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