Van Wezel v. Van Wezel
New York Court of Chancery
The bill in this case was filed for a divorce a mensa et thora. Upon an application for temporary alimony, a reference to a piaster had taken place; and upon the coming in of his report, an order for such alimony was made. The defendant had made default in paying if, and was consequently attached and imprisoned.
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The bill in this case was filed for a divorce a mensa et thora. Upon an application for temporary alimony, a reference to a piaster had taken place; and upon the coming in of his report, an order for such alimony was made. The defendant had made default in paying if, and was consequently attached and imprisoned. He now presented his petition to the Vice-Chancellor, under the provisions of the statute relating to “ voluntary assignments by a debtor imprisoned in execution in civil causes.-” (2 R. S. 31.) This case does not come within the policy or intention of the statute. The general policy…
1Opinion of the Court
The "Vtce-Chanceiaor.
The defendant has been committed by several precepts, issued from this court, for contempts of an order which directed moneys to be paid to the complainant by way of temporary alimony. He now presents a petition, under the Revised Statutes, vol. 2, p. 31, to be discharged from imprisonment on making an assignment of his property. It is opposed, upon the ground of its not being a case within the statute; and, therefore, the court has no right to discharge him.
The words of the statute (§1,) are: “Every person,except “ plaintiffs and lessors of a plaintiff, and defendants,…
2Cited by4 opinions
- In re the Estate of CookeNew York Surrogate's Court · 1933
- Brower v. TatroMichigan Supreme Court · 1897
- Jones v. KnaussNew Jersey Court of Chancery · 1879
- Ward v. WardNew York Supreme Court · 1868