Strode v. Broadwell

Citations

• 36 Ill. 419

Syllabus

<p>1. Capias ad satisfaciendum — ¡wrest, on capias ad satisfaciendum at common law. By the common law, the arrest of defendant on a ca. sa. operated as a satisfaction of the judgment.</p> <p>2. Insolvent laws—have modified the common law. Under the provisions of the statutes of other States, requiring the plaintiff to pay the jailor’s fees in advance, if a debtor is discharged from custody, for the non-payment of such fees, it has been held, that the judgment is not thereby satisfied. .</p> <p>3. In such a case, the discharge is not by consent of the creditor, but it is by operation of law, and does not produce a satisfaction.</p> <p>4. Discharge — under insolvent laws — consent. If, after defendant has been arrested, he resorts to the insolvent laws, and is discharged by verdict, or by consent, when the jury failed to agree, it does not satisfy the debt.</p> <p>6. Constitution — imprisonment for debt. Our constitution, art. 13, sec. 15, has abolished imprisonment for debt, except upon a refusal of the debtor to surrender his estate under the law, for the benefit of creditors, or where there is strong presumption of fraud. The arrest and imprisonment is rather a punishment for the wrong, than an imprisonment for the debt.</p> <p>6. Debtor—may release himself from custody. The debtor may reloase himself, under our statute, by complying with its terms, and when he adopts proceedings, thus claiming a discharge, which results in his release, he will not be heard to say that his debt was thus satisfied.</p>