Patterson v. Patterson

The court was without power to order a sequestration of defendant’s monthly earnings to become due. There must be a definite property right in the husband in order that the wife obtain relief by way of sequestration under sections 1171 or 1171-a of the Civil Practice Act. Where, as here, defendant is entitled to nothing except payment of services to be performed, his earnings accruing subsequent to the time of the appointment of a receiver cannot be reached by plaintiff in sequestration. (Valentine v. Williams, Inc., 159 N. Y. Supp. 815; affd., 179 App. Div. 884; affd., 223 N. Y. 574;…