Salomon v. Buechele

Mr. Presiding Justice Smith

delivered the opinion of the court.

This is an appeal from a judgment of the County Court denying the petition of'appellant to be released from arrest on a capias ad- satisfaciendum issued on a judgment against appellant in the Superior Court, in an action of trespass for assault and battery.

It is conceded by counsel for appellant that if the record of the judgment necessarily implies malice as the gist of the action appellant cannot, be discharged under the Insolvent Debtors’ Act. But counsel contend that the declaration is ambiguous, and does not necessarily impute…