Lee v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. • Tried before lion. Vm. E. ClaeKe: The first section of the act under which the indictment in this case was preferred, provides “ that when any person is convicted and fined in any of the courts of this State, and contracts with any person or persons to confess judgment with him as his security or securities for the payment of the fine, and costs incident to such conviction, and by such contract lie agrees, in consideration of such person…
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Appeal from Marengo Circuit Court. • Tried before lion. Vm. E. ClaeKe: The first section of the act under which the indictment in this case was preferred, provides “ that when any person is convicted and fined in any of the courts of this State, and contracts with any person or persons to confess judgment with him as his security or securities for the payment of the fine, and costs incident to such conviction, and by such contract lie agrees, in consideration of such person or persons becoming such security or securities, to do or perform any thing, act or service for such security or…
1Opinion of the CourtStone, J.
Section 21 of the Declaration of Rights declares, “That no person shall be imprisoned for debt.” In ene-parte John Hardy, 68 Ala. 303, we considered this clause of the Constitution at great length, and held that where the foundation of the injury complained of was the non-payment of a debt — -a debt created by contract, — then by no device could the debtor be imprisoned for its non-payment. We limited the exemption to contract liabilities; for it is manifest that fines, forfeitures, mulcts, damages for a wrong or tort, are not a debt within this clause of the Constitution. Certain duties are…
2Cases cited5 opinions
- Ex parte HardySupreme Court of Alabama · 1880
- Wightman v. WightmanIllinois Supreme Court · 1867
- Caldwell v. StateSupreme Court of Alabama · 1876
- State ex rel. Montgomery County v. AllenSupreme Court of Alabama · 1882
- State v. BauermanSupreme Court of Alabama · 1882
3Cited by12 opinions
- In re MileckeWashington Supreme Court · 1909
- Benson v. City of AndalusiaSupreme Court of Alabama · 1940
- Ex Parte SmallCourt of Criminal Appeals of Oklahoma · 1950
- Tarpley v. StateSupreme Court of Alabama · 1885
- Smith v. StateSupreme Court of Alabama · 1886
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