Michigan Supreme Court, 1922

People v. Ortwski

Michigan Supreme Court · Decided November 2, 1922 · Bird, Clark, McDonald, Moore, Sharpe, Steere, Wiest

220 Mich. 462; 190 N.W. 239; 1922 Mich. LEXIS 920

Cases that cite this one

6 later published cases cite this decision.

People v. Carey (Mich. Ct. App. 1968)
City of Denison v. McCord (Iowa 1960)
State v. Osborne (Me. 1947)
Horowitz v. Rott (Mich. 1926)
Thomas v. Montcalm Circuit Judge (Mich. 1923)
People v. Melovicz (Mich. 1923)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Clark, J.

Defendants were convicted of a violation of the prohibition law. The judgment was alternative, fine or imprisonment. It was conceded by counsel at the argument, and it is also indicated by the transcript of calendar entries in the record, that when the writ of error was sued out the fine had been paid. There is nothing in the record to indicate that the payment was under distress or duress beyond the *463fact that the judgment was alternative. See People v. Leavitt, 41 Mich. 470; Clairview Park Imp. Co. v. Railway, 164 Mich. 74 (33 L. R. A. [N. S.] 250); Ideal Furnace Co. v. Molders’ Union, 204 Mich. 311; 17 C. J. p. 48.

The judgment having been* satisfied by payment, the writ has no office. It is dismissed.

Fellows, C. J., and Wiest, McDonald, Bird, Sharpe, Moore, and Steere, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.