Strong v. White
New York Supreme Court
THE defendant was charged in execution, at the suit of the plaintiff, for 635 dollars and 97 cents, damages and costs, recovered in an action for a libel. He afterwards obtained a discharge under the insolvent act, and he was now brought up on a habeas corpus, in order to be discharged from his imprisonment in this Suit also.
1Per curiam
The act (sess. 34. c. 123. 3d April, 1811,) does not extend to imprisonment for torts. It declares that any insolvent debtor, who is or shall be imprisoned on any civil process, out of any court, &c. or who is or shall be prosecuted in any such court, for debt, or on contract, express or implied, might present his petition for a discharge,” &c. An action for a libel is not for a debt, or on a contract, express or implied, within the meaning of the act The motion must be denied, and the prisoner remanded.
Motion denied.
2Cited by4 opinions
- Greer v. HigginsSupreme Court of Kansas · 1871
- McMurray v. McMurrayNew York Supreme Court · 1870
- Gilman v. CateSupreme Court of New Hampshire · 1884
- Zinn v. RittermanThe Superior Court of New York City · 1867