Winton v. Winton
New York Court of Appeals
Appeal from order of general term, supreme court, first department, reversing order of special term adjudging defendant in contempt for non-payment of alimony. Defendant had been arrested for non-payment of alimony directed to be paid by a judgment in an action for divorce, and served the full term of imprisonment prescribed-by Code Civ. Pro., § 111. The order appealed from directed his commitment for non-payment of other sums afterwards becoming due under such judgment.
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Appeal from order of general term, supreme court, first department, reversing order of special term adjudging defendant in contempt for non-payment of alimony. Defendant had been arrested for non-payment of alimony directed to be paid by a judgment in an action for divorce, and served the full term of imprisonment prescribed-by Code Civ. Pro., § 111. The order appealed from directed his commitment for non-payment of other sums afterwards becoming due under such judgment. The general term reversed the order on the ground that after fully enduring such imprisonment the defendant could not be…
1DissentPeckham, J.
(dissenting). — It seems to me that the construction given to the statute by the general term ought not to be adopted, if there be any other rational one possible.
I think there is. Before its passage the debtor suffering imprisonment upon an execution, or committed for a contempt for the non-payment of alimony, unless relieved by the court upon an application addressed to it on the ground that he was unable to pay the money called for by the writ or order, was liable to suffer imprisonment perpetually. Since the passage of this act such a person is entitled to be discharged by the mere…
2Cases cited1 opinion
- Levy v. . SalomonNew York Court of Appeals · 1887