Kitson v. Farwell

Appellant filed his petition in the County Court, praying to be released from imprisonment, in pursuance of Chap. 72 of the Revised Statutes. He was arrested by virtue of a capias ad satisfaciendum issued on a judgment for 85,882.54 in favor of appellees.

At the trial of the issue under the petition, the County Court found malice was the gist of the action in which the judgment was rendered, denied his prayer and dismissed the petition. On appeal by Kitson to the Circuit Court, the cause was tried before the court and a jury, a verdict being rendered against Kitson by direction of the court;…