In re Vinich

The prisoner is restrained of his liberty on an order of arrest issued in a civil action by a justice of the peace in Santa Cruz County. It is conceded that the action is for the recovery of moneys claimed to be due upon open account for supplies furnished to defendant while engaged in the restaurant business in Santa Cruz.

The constitution provides: “No person shall be im*71prisoned for debt in any civil action on mesne or final process, unless in cases of fraud.” (Art. 1, sec. 15.)

The only provisions of the statute pertaining to arrest in civil actions in justices’ courts, or applicable in such…