In Re Petition of Blacklidge

I do not agree with the foregoing opinion. Section 12 of article 2 of the constitution of Illinois has abolished imprisonment for debt except upon refusal of a debtor to deliver his estate for the benefit of his creditors and except in cases where there is a strong presumption of fraud. It has been held, however, that this provision does not extend to cases of tort, but applies only to debts arising out of contract between the parties, either express or implied. (Kitson v. Farwell, 132 Ill. 327; Kennedy v. People, 122 id. 649.) Section 2 of the Insolvent Debtors act (Smith’s Stat. 1933, par.…