| New York Court of Chancery | Jun 18, 1840
I am of opinion, after looking into the bill and at Ex parte Beatty, 12 Wend. 229" date_filed="1834-10-09" court="N.Y. Sup. Ct." case_name="Ex parte Beatty">12 Wend. 229, (the latter giving a construction to the non-imprisonment act,) that this case comes within such act; and, consequently, that the complainant is not liable to a ca. sa. for the costs of the suit.
Order, to set aside the writ.