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People v. Fairman

The People v. Louise Fairman

People v. Fairman, 26 N.W. 769 (Mich. 1886)
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Court
Michigan Supreme Court · State Highest Courts
Decided
February 3, 1886
Judges
Champlin, Other
Citations
26 N.W. 76959 Mich. 5681886 Mich. LEXIS 1052
Disposition
Writ dismissed as improvidently issued.
Headnotes
Habeas corpus — Order of discharge final and conclusive. 1. The order of a circuit judge discharging a prisoner brought before him in habeas corpus proceedings on the ground that he is illegally imprisoned, is final and conclusive. 2. There is no statute in this State authorizing a writ of error to review such an order, nor did it lie at common law.
Summary
Error to Kalamazoo. (Mills, J.) The people bring error to review the order of the circuit judge discharging a prisoner in habeas corpus proceedings. The facts are stated in the opinion.

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

Opinion of the Court — Champlin

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Champlin, J.

Defendant was convicted of a violation of the statute relative to the sale of property covered by a chattel mortgage, in the recorder’s court, of the village of Kalamazoo. Claiming that she was illegally imprisoned, and that the commitment under which she was detained was void, she applied to the Hon. Alfred J. Mills, circuit judge of Kalamazoo County, for a writ of habeas corpus, which was granted by him, and upon a hearing he ordered her to be discharged, on the ground that she was illegally imprisoned.

The case is brought to this Court, upon writ of error sued out on behalf of the people, to review the decision of Judge Mills ordering her discharge. There is no statute in this State which authorizes a writ of error in such a case as this, and at common law the writ of error does not lie to a final order made in proceedings upon habeas corpus : Wilson's Case, 3 Adol. & E. 817; Bushell's Case, Freem. 1; Burdett v. Abbot, 14 East, 91, note; King v. Bythell, 12 Mod. 75 ; King v. Layer, 8 Mod. 87; Pender v. Herle, 3 Brown, Parl. Cas. *570 505 ; King v. Suddis, 1 East. 306; In re Perkins, 2 Cal. 424 ; Ex parte Ellis, 11 Cal. 222 ; In re Ring, 28 Cal. 247 ; Yates v. People, 6 Johns. 429 ; Hammond v. People, 32 Ill. 446 ; Wade v. Judge, 5 Ala. 130 ; Bell v. State, 4 Gill. 301; Ex parte Mitchell, 1 La. Ann. 413 ; Ex parte Thompson, 93 Ill. 89 ; People v. Brady, 56 N. Y. 182 .

When the order is made discharging the prisoner, the rule has almost universally prevailed, independent of statutory provisions, that the order for discharge is final and conclusive, and is not subject to appeal or writ of error : Ex parte Jilz, 64 Mo. 205 , and cases there cited.

The writ of error in this case must be considered as having been improvidently issued, and must be dismissed.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1890: 11894: 11898: 11906: 11911: 11934: 11970: 11981: 12025: 118902026peak 1890 · 1

Relies on it most ⓘ

  1. Carruth v. Taylor77 N.W. 617 (N.D. 1898) · Dissent
  2. Wisener, Sheriff v. Burrell1911 OK 128, 118 P. 999
  3. State ex rel. City of Bismarck v. District Court253 N.W. 744 (N.D. 1934)
  4. People v. Wendt309 N.W.2d 230 (Mich. Ct. App. 1981)
  5. Nonhuman Rights Project Inc v. Deyoung Family Zoo LLCNo. 369247 (Mich. Ct. App. Oct. 17, 2025)
  6. People v. Price179 N.W.2d 177 (Mich. Ct. App. 1970)

Most recent

  1. Nonhuman Rights Project Inc v. Deyoung Family Zoo LLCNo. 369247 (Mich. Ct. App. Oct. 17, 2025)
  2. People v. Wendt309 N.W.2d 230 (Mich. Ct. App. 1981)
  3. People v. Price179 N.W.2d 177 (Mich. Ct. App. 1970)
  4. State ex rel. City of Bismarck v. District Court253 N.W. 744 (N.D. 1934)
  5. Wisener, Sheriff v. Burrell1911 OK 128, 118 P. 999
  6. In re Brock107 N.W. 446 (Mich. 1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 10

DepthCaseCited by
People ex rel. Lawrence v. Brady, 56 N.Y. 182 (1874) 102
Yates v. People, 6 Johns. 337 (N.Y. Sup. Ct. 1810) 68
Ex parte Jilz, 64 Mo. 205 (1876) 42
In re Ring, 28 Cal. 247 (1865) 29
Hammond v. People ex rel. Vacaro, 32 Ill. 446 (1863) 24
In re Perkins, 2 Cal. 424 (1852) 23
Ex parte Ellis, 11 Cal. 222 (1858) 16
Ex parte Thompson, 93 Ill. 89 (1879) 13
Wade v. Judge, 5 Ala. 130 (1843) 11
Ex parte Mitchell, 1 La. Ann. 413 (1846) 6

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