In re Tyson

Decided June 15, 1875

Michigan Supreme Court · decided 1875-06-15

Tyson was arrested on a capias in a civil action, issued upon an affidavit charging him simply with a breach of a promise to marry. An order to hold to bail was indorsed 031 the capias. He gaye bail 'and was released, but was afterwards surrendered in exoneration of bis bail, and at the time of making this application was in custody of the sheriff by virtue of such capias. The respondent was heard on the merits upon the motion for the writ.

Cited by 2 later decisions — most recently February 1952

1 federal appellate · 1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1875-06-15

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The Couet

¶1held that this case is distinguishable from those cited; that a cause of action based simply upon a breach of promise to marry, in the absence of any charge inyolying fraud, is within the constitutional inhibition against imprisonment for debt. — Art. VI., § 33.

¶2Prisoner discharged.