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Property Law and Real Estate

Michigan

1942

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Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs May 1942

Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs

Michigan Law Review

Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …