People ex rel. Brennan v. Cotton
Illinois Supreme Court
The petition recited that one Valentine had recovered a judgment against the relator before a justice of the peace, for a trespass upon personal property, upon which an execution was issued, and returned “ no property found.”
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The petition recited that one Valentine had recovered a judgment against the relator before a justice of the peace, for a trespass upon personal property, upon which an execution was issued, and returned “ no property found.” That Valentine afterwards made oath that the relator was able to pay the judgment, but fraudulently withheld the money, and thereupon the justice issued a capias ad satisfaciendum, upon which the relator was arrested and committed to the common jail, to remain until he should satisfy said judgment and costs. That not having any property, the relator caused himself to be…
1Opinion of the CourtTreat, C. J.
The constitution declares: 11 No person shall be imprisoned for debt, unless upon refusal to deliver up his estate, for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud.” This prohibition applies only to actions upon contracts, express or implied. It does not extend to actions for torts. The design is to relieve debtors from imprisonment, who are unable to perform their engagements. They are exempt from arrest, if they act in good faith to their creditors. Under the statute, a debtor may be arrested on original…
2Cited by14 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Shatz v. PaulAppellate Court of Illinois · 1955
- In re WheelerSupreme Court of Kansas · 1885
- Ex Parte MannCourt of Criminal Appeals of Texas · 1898
- People ex rel. Mark v. WalkerIllinois Supreme Court · 1919
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