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McDERMID vs. CIRCUIT JUDGE (Wayne)

Michigan Supreme Court1894-04-03No. No. 14121½
1 McGrath 84

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

To quash a capias because of the insufficiency of the affidavit.

Order to show cause denied April 3, 1894.

The affidavit set forth that to secure relator against a contingent liability, plaintiff deposited with him certain bonds; that plaintiff had since paid and discharged the contingent liability and demanded the bonds; that relator refused to surrender the bonds, and that said relator “did then and there convert the bonds to his own use.” Relator contended that the words quoted are simply a statement of a legal conclusion.