#### In the matter of the Petition of George Checkesfield. On Appeal of George Checkesfield, Appellant, v. Ethel McKernan, Appellee.

Gen. No. 19,333.

(Not to he reported in full.)

Appeal from the County Court of Cook county; the Hon. Frank G. Plain, Judge, presiding.

Heard in this court at the March term, 1913.

Affirmed.

Opinion filed May 4, 1914.

Statement of the Case.

Petition by George Checkesfield in the County Court to be released from imprisonment after being arrested upon a ca. sa. issued on a judgment recovered against him by Ethel MeKernan in a suit for malicious prosecution. From an order denying his petition and remanding him to the custody of the sheriff, petitioner appeals.

George Remus and James T. Devere, for appellant.

Pomeroy & Martin, for appellee.

*138Abstract of the Decision.

Execution, § 294 * —when denial of petition for release from imprisonment under a ca. sa. proper. On appeal from an order denying a petition for release from imprisonment under a ca. sa. issued on a judgment recovered against the petitioner in a suit for malicious prosecution, held that malice was the gist of such action and that the petition was properly denied.

*

See Illinois Notes Digest, Vols, XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Baker

delivered the opinion of the court.