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1 McGrath 84

McDermid v. Circuit Judge

Michigan Supreme Court

Decided April 3, 1894

Michigan Supreme Court · decided 1894-04-03

Decided 1894-04-03

¶1To quash a capias because of the insufficiency of the affidavit.

¶2Order to show cause denied April 3, 1894.

¶3*88The 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.”

¶4Relator contended that the words quoted are simply a statement of a legal conclusion.

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