#### Joseph Villanova, appellant, v. Andrew Higgins, appellee.

Gen. No. 26,361.

Petition for discharge from custody under the Insolvent Debtors’ Act. Petition denied on the ground that the gist of the action in which the capias was ordered was malice. Appeal from the County Court of Cook county; the Hon. John H. Williams, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1920.

Affirmed.

Opinion filed October 4, 1921.

Isidore Fried, for appellant; Blum & Blum, of counsel. Mastin & Sherlock, for appellee; Prank T. Huening, of counsel.

Mr. Justice Barnes

delivered the opinion of the court.