In re Sims
New York Supreme Court
Appeal from special term, New York county. Habeas corpus proceedings instituted by George V. Sims were dismissed, and said Sims appeals. Code Civil Proc.
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Appeal from special term, New York county. Habeas corpus proceedings instituted by George V. Sims were dismissed, and said Sims appeals. Code Civil Proc. N. Y. § 1773, provides: “ Where the husband makes default in paying any sum of money specified in the last section, as required by the judgment or order directing the payment thereof, and it appears presumptively to the satisfaction of the court that payment cannot be enforced by means of the proceedings prescribed in the last section, or by resorting to the security, if any, given as therein prescribed, the court may, in its discretion,…
1Opinion of the CourtBartlett, J.
This proceeding was instituted to inquire into the cause of the detention of George V. Sims by the sheriff of the city and county of New York. The sheriff returned, as his justification for the restraint of the relator, a warrant of commitment issued out of the supreme court by the direction of Mr. Justice Andrews under date of December 27, 1888. This commitment is entitled in an action in which George V. Sims is plaintiff, and Ellen T. Sims, sued as Ellen T. Kelly, is defendant, and recites that an order was made therein on February 15, 1888, requiring the plaintiff to pay the defendant…
2Cases cited1 opinion
- Fischer v. . LangbeinNew York Court of Appeals · 1886
3Cited by2 opinions
- Wides v. WidesAppellate Division of the Supreme Court of the State of New York · 1983
- Coll y Cuchi v. ArzuagaDistrict Court, D. Puerto Rico · 1916