Legal Opinion

People ex rel. Allen v. Wagner

New York Supreme Court

Decided December 15, 1921PublishedCited by 1 opinion

Habeas corpus.

1Opinion of the CourtCropsey, J.

The relator by this writ of habeas corpus seeks his discharge from imprisonment under an order adjudging him guilty of a civil contempt — the non-payment of alimony. The main question involved is whether the order adjudging him in contempt should have contained the finding that sequestration proceedings would have been unavailing. It *527does not contain any reference to that matter. I think the order is good without such a' provision. Before the court can make such an order it must he satisfied that payment cannot be enforced by means of sequestration. Code Civ. Pro. § 1773; Civil Practice Act,…

2Cases cited5 opinions

  1. Schweig v. SchweigAppellate Division of the Supreme Court of the State of New York · 1907
  2. Haas v. HaasAppellate Division of the Supreme Court of the State of New York · 1921
  3. Davison's CaseNew York Supreme Court · 1861
  4. Distasio v. DistasioNew York Supreme Court · 1899
  5. People ex rel. Pellecchio v. Sheriff of Kings CountyAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by1 opinion

  1. Stewart v. StewartNew York Supreme Court · 1955

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