Griffith v. Hubbard

Citations

• 9 S.D. 15
• 67 N.W. 850
• 1896 S.D. LEXIS 99

Syllabus

<p>1. Comp. Laws, § 5115, provides that an execution shall not issue against the person of a judgment debtor unless an order of arrest has been served, or unless the complaint contains a statement of facts showing one or more causes of arrest. Held, that in an action on a purchase money note, allegations of the complaint that the note was given for goods obtained by false pretenses are immaterial, and therefore the arrest of defendant was not authorized unless an order for his arrest issued before judgment.</p> <p>2. In such a case a j udgment authorizing the arrest of defendant may be collaterally attacked on habeas corpus.</p>