Aetna Insurance v. Blumenthal

The plaintiff sought to recover damages for the claimed unlawful release, through the administration of the poor debtor's oath, of its judgment debtor imprisoned in jail under a body execution. The justice of the peace who administered the oath, the sheriff as jailer and the deputy jailer are the parties defendant. The trial court rendered judgment for the defendants and the plaintiff has appealed.

The statute provides that any prisoner held under civil process may apply to a justice of the peace to take the poor debtor’s oath; that notice of the application, signed by the justice, shall be…