
    [The head notea to the following cases, though prepared with some care, may fail to ex. press all the leading questions'determined in such cases, and may, in some instances, fail to state the law precisely as declared by the Court; It is believed, however, that in the main they are correct; but if, in any instance, the law is not correctly stated, the publisher of the Nisi JPrius alone must be held responsible, as we liave had no time to submit the notes, for revision, to the Judges who delivered the opinions. In future numbers more care will be taken in reporting-the opinions of the Supreme Court.]
    Jacob L. Brown vs. Lawrence Kelley.
    An affidavit for a warrant to arrest a person for an alleged breach of trust is defective unlesB it show the facta and circumstances attending such alleged breach of trust, and auch defect is not waived by giving bond and adjourning the cause.
    When affidavit for appeal shows motion to dismiss made in time, and the return mentions the motion but does not state when it was made, it will be presumed to have been made seasonably.
    Error to Kalamazoo Circuit.
   Opinion'by

Campbell, C. J.

Kelley had Brown arrested on a warrant issued by a Justice of the Peace for a debt. The affidavit on which the warrant was obtained was as follows:

State of Michigan, Kalamazoo County, ss :
“Lawrence Kelley, of said county, being duly sworn,'deposes and says that he has a just cause of action, and a demand not exceeding $300, arising out of a contract, against Jacob L. Brown, against whom he applies for process by warrant, for a breach of trust in converting and disposing of the money of this deponent to the amount of $200; aud this deponent further says that heretofore, to wit: on the 17th day of September, 1866, he placed in the hands of Jacob L. Brown the sum of $300 for safe keeping, to be kept by the said Jacob L. Brown until such time as this deponent should call for it; that the said Brown, instead of returning to this deponent the said sum of money, so intrusted to him,' converted $200 of the same to his own use, and now wholly refuses to return the same to this deponent.”

Sworn to.

Brown, on being arrested on the warrant, was brought before the Justice, and gave bond for his appearance at a future day to which the case was adjourned. On’that day he appeared and moved to set aside the proceedings on the ground that the affidavit was fatally defective. The Justice denied the motion. Pleadings were then put in, the parties went to trial, and the plaintiff bad judgment. This judgment the Circuit Court affirmed.

The affidavit is defective in not stating facts establishing such conversion and its wrongfulness instead of conclusions of law, and gives no jurisdiction to issue the warrant.

A bond given on adjournment before pleading by a party arrested on a warrant, as required by § 3740, G. L., is not a waiver of such a defect, and does not prevent a motion to dis-, miss for want of jurisdiction.

When the special affidavit for an appeal shows a motion to dismiss to have been made in time, and the return mentions the motion and does not state when it was made, it will be presumed to. have been made seasonably.  