Floren v. Schaad

This is an appeal from a judgment of the county court remanding an insolvent debtor, E. P. Floren, to the custody of the sheriff. He was arrested on a capias ad satisfaciendum issued against his body on a judgment entered against him by default in an action of tort brought by appellee in the municipal court, and seeks his discharge claiming that malice was not the gist of the action.

The statement of claim on which the judgment in tort was rendered was quite lengthy but we need set forth only its substance to determine whether malice was the gist of the action.

The action is one of case for…