M'Kinstry v. Davis
New York Supreme Court
Both the defendants had been sued, and judgment oh- ... tamed against them in assumpsit; but Dams, having been discharged under the act to abolhh imprisonment for debt in certain cases, he was not liable to the imprisonment of his body, and the plaintiff stipulated to allow him the benefit of this discharge, without plea. Having proceeded regularly to judgment against him and his wife, the plaintiff issued a ca. sa. upon which, by his direction, the wife alone was imprisoned.
1Opinion of the Court
Curia.
Clea ly, this motion cannot be granted. A feme covert, is liable to be imprisoned on a ca. sa. with or without her husband ; and so are all the cases ;(a) though it is otherwise as to mesne process.(b)
Motion denied.
а) See Bac. Abr. Baron & Feme, (L) and the cases there cited.
Seo Bac. Abr. Baron & Feme, (L) and id. Bail in Civil Causes, (B) 5, and the cases there cited.
2Cited by3 opinions
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
- Hall v. WhiteSupreme Court of Connecticut · 1858
- Fitzgerald v. QuannNew York Supreme Court · 1884