Baker v. Burns — 1 Cole. Cas. 73

Majority

p. 73

JULY TERM, 1799.

Baker ads. Burns.

Headnote

TEE moved that the defendant be brought up •*-* to take the benefit of the Aft made t; for the “ relief of debtors with refpeft to the imprifonment H of their perfons.”

Munro for plaintiff objefted, iff, That in the inventory ferved on hirn the arms of the defendant are not fpeciiicd in the feheduie; 2d, That the inventory docs not particularize when he owned and had the articles, Ac. 3d, That lie is confined on a fuit for breach of prornife of marriage, and that this is to be confidered as a tort, whereas the Aft only applies to contrafts; 4th, That the inventory is not ftamped. -

Lee contra.

All the objections are untenable,

excepting the laft, but the inventory ought to be ftaroped, and that objection is fatal.

Motion denied.