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Wheeler v. Hartwell

17 N.Y. Super. Ct. 684 4 Bosw. 684 Court N.Y. Super. Ct. Decision date 1860-09-15 English

Delivered by Bosworth, Ch. J.,

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p. 684
John C. Wheeler v. Mrs. Hartwell.

Headnote

In an action against a female, she cannot be arrested and held to bail, on the ground that she fraudulently contracted the debt on which the action is brought.
(At Chambers, September 15, 1860.
Before Bosworth, Ch. J.)
The plaintiff applied for an order in this action, to arrest and hold the defendant to bail, on the grounds, that she owed the plaintiff $75, for the board of herself and daughter, and fraudulently contracted such debt.

denied the application, holding that the provisions of the Code, that “ no female shall be arrested in any action, except for a willful injury to person, character or property,” (Code, § 179,) exempted the defendant from arrest in this action, although she may have fraudulently contracted the debt in question.