Rosenberg v. Ott

Rosenberg was arrested on a capias ad satisfaciendum issued by the clerk of the superior court of Cook county on a judgment rendered in favor of Ott and later filed his petition in the county court, praying for release under the provisions of the Insolvent Debtors Act, Ill. State Bar Stats. 1935, ch. 72, p. 1808. He filed his schedule as required by the act. The court heard evidence, found that malice was not the gist of the action brought in the superior court by Ott against Rosenberg, petitioner, and discharged him from custody. Ott, judgment creditor and respondent, prosecutes this appeal.

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