People Ex Rel. Levine v. . Shea
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1911, which dismissed a writ of habeas corpus and remanded the relator to custody. In January, 1908, Beckie Levine, one of the respondents in this proceeding, commenced an action against her husband, Hyman Levine, the appellant herein, to procure a judgment of separation.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1911, which dismissed a writ of habeas corpus and remanded the relator to custody. In January, 1908, Beckie Levine, one of the respondents in this proceeding, commenced an action against her husband, Hyman Levine, the appellant herein, to procure a judgment of separation. An answer was served but the action has not been tried and is still pending, although the appellant alleges that “ he has taken all possible means to bring on the trial, and has moved to dismiss the case…
1Opinion of the CourtVann, J.
Counsel for both parties agree that the only question presented by this appeal is whether one who has served a full term of imprisonment under a commitment for failing to pay certain installments of temporary alimony awarded by an interlocutory order in an action for a separation can be again imprisoned under a commitment for contempt in failing to pay later installments which had become due under the same order ?
Imprisonment for debt dies hard. Barbarous, cruel and senseless, it puts its victim in jail in order to make him do something which in most instances the imprisonment itself prevents…
2Cases cited5 opinions
- Beadleston v. . BeadlestonNew York Court of Appeals · 1886
- McCarthy v. . McCarthyNew York Court of Appeals · 1893
- Winton v. WintonNew York Supreme Court · 1889
- Levy v. . SalomonNew York Court of Appeals · 1887
- Reese v. ReeseAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by17 opinions
- Thayer v. ThayerAppellate Division of the Supreme Court of the State of New York · 1911
- Shatz v. PaulAppellate Court of Illinois · 1955
- Going v. GoingTennessee Supreme Court · 1923
- Klinger v. HymanCourt of Appeals for the Second Circuit · 1915
- Woicik v. WoicikNew York Supreme Court · 1971
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