Ex parte Prader
Cases that cite this one
2 later published cases cite this decision.
- Leuschen v. Small Claims Court (Cal. 1923)
- Bronson v. Syverson (Wash. 1915)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Mr. Justice Terry concurred.
The'petitioner was arrested on final process of the Court below, to
The seventy-third section of the Practice Act provides, that “ the defendant may be arrested when the action is for willful injury to person or character,” etc. This provision is directly in conflict with the fifteenth section of Article I of the Constitution of this State, which provides, that “ no person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud,” etc. See case of Holdforth, 1 Cal. R., 438.
An assault and battery is not a case of fraud, in .the sense that that term is employed by the Constitution; neither can it be made so by the Legislature; and the judgment is a debt, as much as though recovered in an action of assumpsit.
The defendant must be discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.