
    In the matter of George Tyson.
    
      Breach of promise to marry: Fraud: Imprisonment for debt A cause of action based simply upon a breach of promise to marry, without any charge involving fraud, is within the constitutional inhibition (Art. VI., § 33) against imprisonment for debt.
    
      Heard and decided June 15.
    
    Application for Habeas Corpus and Certiorari.
    
    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.
    
      W. G. Howard, for petitioner.
    
      Arthur Brotan, for respondent, argued that this arrest was warranted by People v. McAllister, 19 Mich., 215, and Matter of Sheahan, 25 Mich., 145.
    
   The Couet

held 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.

Prisoner discharged.  