State ex rel. Syverson v. Foster

Citations

• 84 Wash. 58

Syllabus

<p>Bah — Right to — Constitutional Law — Arrest fob Debt — Apeeal. A judgment debtor in a civil action, arrested on a personal execution, who appealed from the order denying his motion to vacate the order of arrest, is entitled to be admitted to bail pending the appeal, where the right to execute the judgment by arrest was questioned under Const., art. 1, § 17, providing that there shall be no imprisonment for debt except in eases of absconding debtors.</p> <p>Same — Right to Bail — Constitutional Provisions. In such cases, the right to admission to bail pending appeal does not depend on statutory provisions, since the right of personal liberty is a natural right, of which the right to habeas corpus is guaranteed by the constitution, as is the right of appeal with all its incidents and privileges.</p> <p>Habeas Cobpus — To Admit to Bah — Inherent Powers of Court. As a writ of habeas corpus is an appropriate remedy in aid of bail, the supreme court has inherent power, sustained by the common law and the bill of rights, to grant a writ of habeas corpus to admit to bail pending appeal from an order to vacate an arrest, upon a disputed right affecting the personal liberty of the petitioner.</p>