Towsey v. Avery
Ohio Supreme Court
This is an action of debt, from the county of Hamilton. It is brought on a recognizaance of special bail, for James Gonsoles, entered into on March 17, 1838. At the February term of Hamilton common pleas, 1840, the plaintiffs recovered a judgment against Gonsoles for $860.50. On May 12,1840, a ca. sa. was issued against Gonsoles, upon affidavit, that he was non-resident. The execution was returned non est.
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This is an action of debt, from the county of Hamilton. It is brought on a recognizaance of special bail, for James Gonsoles, entered into on March 17, 1838. At the February term of Hamilton common pleas, 1840, the plaintiffs recovered a judgment against Gonsoles for $860.50. On May 12,1840, a ca. sa. was issued against Gonsoles, upon affidavit, that he was non-resident. The execution was returned non est. The defendant plead nil debet, and gave notice that, by the act of March 19, 1838, abolishing imprisonment for debt, he was deprived of all control over the person of Gonsoles, and so…
1Opinion of the CourtGrimke, J.
The questions which are presented in this case are:
1. Would the defendant have been entitled to an exoneretur, without an actual-surrender of the principal, any time between March 19, 1838 (when the act abolishing ^imprisonment for debt took effect), and May 1, 1839, when the right to imprison was reordained, as against non-residents? and, .
2. If he had this right, can the same matter be taken advantage of, by way of plea to the action brought upon the recognizance ? And if these questions are answered in the affirmative, then,
3. Did the act of March 16, 1839 (and which became of force on May…
2Cases cited7 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Mason v. HaileSupreme Court of the United States · 1827
- Beers v. HaughtonSupreme Court of the United States · 1835
- Olcott v. LillyNew York Supreme Court · 1809
- Boggs v. TeackleSupreme Court of Pennsylvania · 1812
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