Colby v. Backus

Citations

• 19 Wash. 347
• 53 P. 367
• 1898 Wash. LEXIS 378

Syllabus

<p>DUB PROCESS OF LAW — IMPRISONMENT FOR DEBT — COSTS AGAINST COMPLAINING WITNESS.</p> <p>•A statute authorizing a justice of the peace to adjudge costs against a complaining witness in a prosecution for misdemeanor and order his imprisonment until paid, in case the trial results in the acquittal of defendant and the court finds the complaint was frivolous and without probable cause, is not unconstitutional on the ground that it deprives a person of his liberty and property without due process of law.</p> <p>A statute authorizing the imprisonment of the complaining witness in a malicious prosecution until payment of the costs of the action imposed upon him by the justice as a penalty, is not in violation of the constitutional inhibition against imprisonment ■for debt, as such constitutional provision relates only to liabilities arising on contract.</p>