Leland v. Rose

Lea, J.,

(Merkick, O. J., absent.) This case is presented on an appeal from the refusal of the District Judge to pass sentence of imprisonment upon the defendant, who was found guilty of fraud by a verdict of a Jury, under proceedings had for a forced surrender. The District Judge refused to pass sentence upon the defendant for the reason (with others) that the plaintiffs had in no part of their pleadings ashed for the extraordinary remedy of imprisonment against their debtor, and that the defence could not have been conducted' with reference to such a demand.

We think this view of the case is…