Mantske v. Rhutassel

Mr. Presiding Justice Jett

delivered the opinion of the court.

This appeal is prosecuted by Arthur Mantske, appellant, to reverse a judgment of the county court of Kane county denying the prayer of the petitioner, appellant, to be discharged from custody of the sheriff of Kane county, apprehended on a writ of capias ad satisfacien-dum under the Insolvent Debtors’ Act, Cahill’s St. ch. 72, Tf 4 et seq., on the ground that malice was not the gist of the action upon which the capias was issued. The errors assigned for reversal are based entirely upon the record consisting of the declaration,…