Ex parte Prader

Citations

• 6 Cal. 239
• 1856 Cal. LEXIS 110

Syllabus

<p>A party cannot be imprisoned under a judgment, in a civil action, for assault and battery.</p> <p>The seventy-third section of the Practice Act is in violation of Art. I, ¡í 15 of the Constitution.</p> <p>A judgment for damages for an assault and battery is as much a debt, as though recovered in an action of assumpsit.</p> <p>No person can be imprisoned for debt, under the Constitution, except in cases of fraud. An assault and battery is not a case of fraud, within the meaning of the Constitution.</p>