Masterson v. Furman

Mr. Presiding Justice Sears

delivered the opinion of the court.

This is an appeal by the judgment creditor from an order of the County Court discharging appellee from custody under the provisions of section 2 of the Insolvent Debtors Act.

The only controverted question presented is as to whether malice was of the gist of the action in which appellant recovered the judgment upon which appellee was held.

The action was in form of trespass vi et armis, and the one count of which it consists alleges, in effect, trespass by an assault and battery.

It is contended by counsel' that in determining whether…