49 Mich. 629
Decided January 16, 1883
Michigan Supreme Court · decided 1883-01-16
Habeas corpus. The petitioner Lee asks to be discharged from the custody of the Sheriff of Wayne County in which he is detained under a warrant of commitment issued by Circuit Court Commissioner Charles Flowers in proceedings against Lee as a fraudulent debtor.
Cited by 1 later decisions — most recently December 1895
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1883-01-16
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¶1The affidavit charging the petitioner with being a fraudulent debtor did not, we think, contain any legal evidence of the existence in point of fact of any debt whatever.
¶2The statement on that subject was nothing more than a recital of the claim made by the action and was not an affirmative allegation or averment that there was any such .debt as was claimed.
¶3There was consequently no basis for the order on which ¿he petitioner is held, and he must be discharged.