Lambert v. Wiltshire

Citations

• 144 Ill. 517
• 33 N.E. 538

Syllabus

<p>1. Capias ad satisfaciendum — discharge of defendant — satisfaction of the judgment. The discharge of any debtor under the provisions of the act of 1853, entitled “An act in relation to committals to jail upon writ of ca. sa.J is no discharge or satisfaction of the debt, damages or costs named in such writ, but the judgment will continue in full force and effect against the property and effects of such debtor. That statute extends to cases of malicious torts as well as to cases of contracts, and the placing its sections in the revision of 1874 under the head of “ insolvent debtors ” did not change the meaning in this respect.</p> <p>2. The discharge of a defendant on a capias ad satisfaciendum, issued upon a judgment for a malicious tort, because of the failure of the plaintiff in the judgment to advance and pay to the jailer the fees for receiving, or for the board of such defendant, is such a discharge as removes the presumptive satisfaction of the judgment by reason of the arrest and imprisonment of the defendant.</p>