Mozorosky v. Hurlburt
Oregon Supreme Court
From Multnomah.: George W. Stapleton, Judge. Department 2. Sol Swire obtained a judgment against plaintiff, Jos. Mozorosky, for the sum of $1,600, under the provisions of Section 8264, Or. L. The brief states that plaintiff appealed from that judgment to this court. After the .rendition of the judgment, Swire procured the arrest ■ of Mozorosky under Sections 218 and 259, Or. L., claiming that in case of a gambling debt recovered under Section 8264, Or.
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From Multnomah.: George W. Stapleton, Judge. Department 2. Sol Swire obtained a judgment against plaintiff, Jos. Mozorosky, for the sum of $1,600, under the provisions of Section 8264, Or. L. The brief states that plaintiff appealed from that judgment to this court. After the .rendition of the judgment, Swire procured the arrest ■ of Mozorosky under Sections 218 and 259, Or. L., claiming that in case of a gambling debt recovered under Section 8264, Or. L., execution for the body might be issued and the debtor arrested. Plaintiff was arrested on April 16, 1921, and has since been imprisoned.…
1Opinion of the CourtBean, J.
We are not concerned in the consideration of this application with the merits of the case. It is' contended upon the part of plaintiff that his arrest is covered by none of the provisions of Section 259, Or. L., and that the Constitution of Oregon, Section 19, provides that there should be no impris*277onment for debt, except in case of fraud or absconding- debtors. It is asserted by counsel that there is no provision in our Code for admitting the plaintiff to bail upon an appeal in a habeas corpus proceeding, and we infer this was the reason he was not allowed bail by the trial court. Article I,…
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