Parker v. Follensbee

Citations

• 45 Ill. 473

Syllabus

<p>1. Debt—meaning of the term. Any liability to pay money, growing ont of a contract, express or implied, constitutes a debt, within the meaning of the 15th section of article 13 of the Constitution of this State, concerning imprisonment for debt.</p> <p>2. Imprisonment for debt—capias ad respondendum. Before a person can be held to bail on a capias ad respondendum, for debt, it must appear, by affidavit, that he has been guilty of fraud, or that there is a strong presump, tion, from facts stated, that he has been guilty.</p> <p>3. Same—affidavit for capias ad respondendum—what it must contain. An affidavit to hold to hail must show both the constitutional and statutory grounds for issuing a capias ad respondendum.</p> <p>4. The substance of an affidavit which is held to be sufficient for a capias ad respondendum is stated in the opinion.</p>