Majority
p. 161Strong against White. NEWYORK May, 1812
Headnote
The act relative to insolvent debtore and their creditors, passed the 3d April 1811, sess. 34. c. 132.) does not extend te actions for beh or tortz.THE defendant was charged in execution, at the suit of the plaintiff, for 635 dollars and 97 cents, damages and costs, recovered in an action for a libel. He afterwards obtained a discharge under the insolvent act, and he was now brought up on a habeas corpus, in order to be discharged from his imprisonment in this Suit also.
Hammond and Colden, for the defendant
J. Strong, contra.
The act (sess. 34. c. 123. 3d April, 1811,) does not extend to imprisonment for torts. It declares that any insolvent debtor, who is or shall be imprisoned on any civil process, out of any court, &c. or who is or shall be prosecuted in any such court, for debt, or on contract, express or implied, might present his petition for a discharge,” &c. An action for a libel is not for a debt, or on a contract, express or implied, within the meaning of the act The motion must be denied, and the prisoner remanded.
Motion denied.