220 Mich. 504 | Mich. | 1922
The plaintiff was arrested in St. Joseph county under a writ of capias ad respondendum issued
Our statutory provisions relative to the issue, service and return of such writs will be found in 3 Comp. Laws 1915, § 12414 et seq. No express provision will be found authorizing service outside the county in which the writ issues. A suit by capias is a civil action. Pennock v. Fuller, 41 Mich. 153 (32 Am. Rep. 148). While the jurisdiction of circuit courts is general over the subject-matter here involved, in respect to persons and property, it cannot be exercised beyond the iimits of the county except in cases where special provision is made therefor. Turrill v. Walker, 4 Mich. 177, 180. Civil process may be served by any competent person except where seizure of person or property is commanded therein. A sheriff is a county officer and has no jurisdiction to serve process outside the limits of his county unless specially authorized to do so. The fact that such special authorization is conferred in certain cases tends to negative the claim that such authority exists in other cases. The rule is thus stated:
“The sheriff being a county officer, his authority extends over the entire county; and as a general rule his authority is limited to his own county.” 35 Cyc. p. 1528.
_ “An. officer has no right to make an arrest under civil process beyond the limits either of his own jurisdiction, or those of the officer or court issuing the process except on fresh pursuit after an escape.” 5 C. J. p. 507.
It was so held in the early English case of Hammond
The writ will issue as prayed, with costs against the plaintiff in the original suit.
