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118 Ill. 551

In re Mullin

Illinois Supreme Court

Decided November 13, 1886

Illinois Supreme Court · decided 1886-11-13

<p>Insolvent debtob— discharge from imprisonment—when malice is the “gist of the action." Malice being the “gist of the action” in a suit in trespass for an assault and battery, the defendant in the judgment, arrested and held in custody under a writ of capias ad satisfaciendum issued thereon, is not entitled to a discharge from imprisonment under the Insolvent Debt- or’s act.</p>

Relies on In re Murphy · Mullin v. Spangenberg

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-13

How this case has been cited

Cited by 7 later decisions — most recently May 1928

1 federal appellate · 6 state decisions

3018861890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Magruder

¶1delivered the opinion of the Court:

¶2This was an application for discharge under section 2 of “An act concerning insolvent debtors,” being chapter 72 of the Revised Statutes of this State. The appellants were arrested on a capias ad satisfaciendum, issued upon a judgment, recovered in the Superior Court of Cook county, in an action of trespass for an assault and battery. The judgment, so recovered, has heretofore been brought before this court for review, and was affirmed by us in Mullin et al. v. Spangenberg, 112 Ill. 140. A full statement of all the facts will be found in the opinion in that ease.

¶3The Superior Court held, that malice was the gist. of the action, in which the judgment aforesaid was rendered, and that appellants could not be discharged under the Insolvent law. The decision of that court was affirmed by the Appellate Court, and Mullin and McHugh, the insolvent debtors, have appealed.

¶4In the record, now presented to us, no other question is involved than that, which was considered and decided by us in In re Murphy, 109 Ill. 31. The decision in the last named case is decisive of all the issues in the case at bar. The judgment of the Appellate Court is, therefore, affirmed.

¶5Judgment affirmed.

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