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29 Mich. 475

In re Sorenson

Michigan Supreme Court

Decided July 10, 1874

Michigan Supreme Court · decided 1874-07-10

Proceedings on habeas corpus. The return to the writ sets up that the prisoner was convicted before a justice of the peace of Manistee county, under a complaint and declaration for a third conviction of selling and keeping for sale spirituous or intoxicating liquors in violation of the prohibitory liquor law, and was sentenced to forfeit and pay the sum of one hundred dollars and costs of suit (taxed at four dollars and fifty cents) and to be imprisoned in the Detroit House…

Decided 1874-07-10

The Court

¶1held that'these proceedings before the justice are in their form civil and not criminal proceedings, and do not authorize a sentence to imprisonment in the Detroit House of Correction under the act (Comp. L., § 8IBS) authorizing an imprisonment therein, under certain circumstances, of any person convicted of any crime or misdemeanor not punishable by imprisonment in the state prison; and that aside from said statute, a justice of the peace of Manistee county has no authority to sentence to imprisonment in the Detroit House of Correction.

¶2Prisoner discharged.

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