Legal Opinion

Ex parte Prader

California Supreme Court

Decided July 1, 1856PublishedCited by 2 opinions

Application of Joseph Trader on Habeas Corpus. The opinion of the Court contains a statement of the grounds for the application.

1Opinion of the Court

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Terry concurred.

The'petitioner was arrested on final process of the Court below, to *240answer a judgment obtained against Mm, in an action for assault and battery.

The seventy-third section of the Practice Act provides, that “ the defendant may be arrested when the action is for willful injury to person or character,” etc. This provision is directly in conflict with the fifteenth section of Article I of the Constitution of this State, which provides, that “ no person shall be imprisoned for debt in any civil action, on…

2Cited by2 opinions

  1. Bronson v. SyversonWashington Supreme Court · 1915
  2. Leuschen v. Small Claims CourtCalifornia Supreme Court · 1923

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