Barton v. Saunders

This is an appeal brought to reverse a judgment, discharging the plaintiff from arrest, in a habeas corpus proceeding. The facts are these: The Mercantile Company commenced an action in the Circuit Court against the plaintiff to recover a certain sum of money, and in said action procured a writ of arrest to be issued, and the plaintiff taken into custody by the defendant’s intestate, who was then the sheriff of Union County. Shortly thereafter the plaintiff sued out a writ of habeas corpus before the county judge of said county, upon which an order was made discharging him from arrest, and…