J. A. Burrichter & Co. v. Cline
Washington Supreme Court
Appeal from Superior Court Pierce County. Action by J. A. Burrichter & Co. against Henry H. Cline upon a foreign judgment. The defendant was arrested and held to bail on an affidavit charging that he was about to leave the State with intent to defraud his creditors. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
The opinion of the court was delivered by
Stiles. J.
We are entirely in accord with the claim of the appellant in this case, that his arrest was illegal and improvident, on the ground that by art. 1, § 17 of the constitution, imprisonment for debt, except in the case of absconding debtors, was abolished, and on the further ground that the affidavits presented to the court, and on which the order of arrest was made, stated no facts sufficient to constitute a cause for arrest under code §§ 116 and 117, if the same had been still operative. An absconding debtor is one who leaves or is about to…
2Cases cited1 opinion
- Cline v. J. A. Burrichter & Co.Washington Supreme Court · 1891
3Cited by12 opinions
- Hatzenbuhler v. HarrisonWashington Supreme Court · 1957
- Bronson v. SyversonWashington Supreme Court · 1915
- Ripon Knitting Works v. SchreiberDistrict Court, D. Washington · 1900
- Ex parte Yonetaro FkumotoCalifornia Supreme Court · 1898
- Brantley v. BrantleyWashington Supreme Court · 1959
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