Shepherd v. Shepherd

The attachment sought to be vacated was issued against the defendant on the ground of his non-residence, upon a claim based upon his alleged failure to pay-installments of alimony as awarded in a final judgment of divorce in favor of the plaintiff.

The motion to vacate is made on the papers on which the warrant was obtained, the chief objection advanced being that the action is brought on a money judgment, without any allegation or proof that ten years have elapsed since the docketing of the judgment and that, consequently, no cause of action is stated or proven under the provisions of section…