The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-23

| THAT the defendant be remanded to
| the sheriff of said county of Deer
Lodge until she pay the debt owed to
said plaintiff and for which the above
action was maintained
| That while the jury was celebrating
the surety of the petitioner appeared in
| court with the petitioner and surren-
| dered her to the custody of the sheriff,
| and asked that the bail be exonerated,
which was done on the following day,
and the said petitioner has since been
detained in custody by the said sheriff;
that thereafter, to-wit: on the Goth day
of October, 1899, upon the trial of said
action for recovery Of said alleged debt,
a judgment was rendered in favor of
the plaintiff and against the defendant
for the sum of s215.41 and costs.
The facts with regard to said pro-
ceedings appear by duly certified copies
of the records and papers accompanying
the petition herein as exhibits.
The return of the sheriff shows the
judgment set forth above and a COM
mitment pursuant thereto commanding
the said sheriff Ito take and receive
said defendant into custody and inn
prison her in the county Jail OF Deer
Lodge county, Montana, until dis
charged by due process of law in ac-
cordance with the judgment rendered
herein"
Upon the hearing of the petition for a
writ of habeas corpus counsel for said
John Conley, sheriff, moved that the
court quash the petition on various
grounds.
This court, upon considera ton of the
facts, deems the motion to quash said
petition and said writ untenable and
will briefly point out the grounds upon
which the conclusion reached herein is
based.
Arrest and detention for debt is per-
mitted both by the constitution and
statutes of this state in certain cases
and upon certain prescribed grounds or
causes. through proceedings which must
be strictly pursued.
The law protects personal liberty
with such vigor that in order to war
rant an arrest for indebtedness in such
a case as is here presented, it must
clearly appear that the statutory pro-
visions providing therefor have been
strictly complied with. The constitu-
ton Of this state in article 8, section -,
provides:
mo person shall be imprisoned for
debt, except in the manner prescribed
by law, upon refusal to deliver up his
estate for the benefit of his creditors,
or in cases of tort, where there is
strong presumption of fraud"
And the statute upon the same sub
ject describes that:
No person shall be arrested in a
civil action, except as provided in this
chapter" (Sect.on 600 Of the code of
civil procedure).s
The provision relating to this case
upon which counsel relies is contained
in subdivision / of section sol of the
same code, reading as follows:
I'm an action for the recovery of
money or damages, on a cause of ac-
ton arising upon contract, express or
implied. when the defendant is about
to depart from the state, with intent to
defraud his creditors
By section 1910 of the code of civil
procedure, justice Of the peace courts
are given jurisdiction to order the ar
rest of defendant. Sin the cases men
toned in section SOL
But it is further provided in section
1541 that before an order of arrest can
be made, the party applying must prove
to the satisfaction of the justice, by the
affidavit of himself or some other per-
son, the facts upon which the appll-
cation is founded. The plaintiff must
also execute and deliver to the justice
written undertaking in the sum of
$500, with sufficient sureties, to the eff
feet that the plaintiff will pay all costs
that may be adjudged to the defendant,
and all damages which he may sustain