Blanchard v. Goss
Superior Court of New Hampshire
In an action of trespass for false imprisonment, brought by A. against j?., B* pleaded that he sued out a writ of capias returnable to this court, and declared against A. in debt upon a judgment for damages, and $5 costs, rendered by a justice of the peace, by virtue of which writ he caused A. to be arrested. A. replied, that the judgment was founded upon a contract, made after Jan. f, 1819, fora less sum than $13,33. To this there was a demurrer.
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In an action of trespass for false imprisonment, brought by A. against j?., B* pleaded that he sued out a writ of capias returnable to this court, and declared against A. in debt upon a judgment for damages, and $5 costs, rendered by a justice of the peace, by virtue of which writ he caused A. to be arrested. A. replied, that the judgment was founded upon a contract, made after Jan. f, 1819, fora less sum than $13,33. To this there was a demurrer. It was held 1st, that A's body was not liable to arrest in an* action upon the said judgment. ¾⅛, that an action of trespass could not be…
1Opinion of the Court
Richardson, C. i.
The first question, which this case presents for our decision, is, whether the body of the plain* tiff was liable by law to an arrest, in the action of debt5 which the plaintiff brought against him. On this question, after the most mature consideration we have not been able to entertain a doubt. The statute of 1818, cap. 89, enacts “ that no person shall be committed to gaol, or be liable to “ be imprisoned on any execution issued on any judgment “ founded on contract made or entered into after the first “ day of January next, unless the original debt or damage “ in such…
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