New York Court of Appeals

The People Ex. Rel. Charles Dusenbury, Appellant v. Gilbert M. Speir as Justice

April 25, 187977 N.Y. 144

Summary

The Court held that a warrant for arrest cannot be issued under the 1831 act to abolish imprisonment for debt unless the affidavit shows the underlying judgment is based on an express or implied contract; the affidavit in this case failed to do so, so the warrant was invalid and the lower court's order was reversed.