People Ex Rel. Clark v. . Grant
New York Court of Appeals
Appeal from order of the General Term of the Supreme ' Court in the first judicial department, made May 11, 1888, which affirmed an order dismissing a writ of habeas corpus and refusing to discharge the relator from imprisonment.
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Appeal from order of the General Term of the Supreme ' Court in the first judicial department, made May 11, 1888, which affirmed an order dismissing a writ of habeas corpus and refusing to discharge the relator from imprisonment. (Reported below, 47 Hun, 604.) It appeared by the sheriff’s return that the relator was held under several warrants of commitment and imprisoned for contempt in not paying alimony and counsel fees as ordered in an action brought by his wife against him for divorce. The facts material to the questions discussed are stated in the opinion. It is the province of a writ…
1Opinion of the CourtEarl, J.
Section 157 of the Oode of Civil Procedure provides that “ a prisoner committed to jail, upon process, for contempt, or committed for misconduct in a case prescribed by law, must be actually confined and detained within the jail until he is discharged by due course of law, or is removed to another jail, or place of confinement, in a case prescribed by law; ” and section 111 provides that, “ no prisoner, shall be imprisoned within the prison walls of any jail for a longer period than three months under an execution or any other mandate against the person, to enforce the recovery of a sum of…
2Cited by2 opinions
- People ex rel. Pray v. AllenAppellate Division of the Supreme Court of the State of New York · 1978
- Chadwick v. ChadwickAppellate Division of the Supreme Court of the State of New York · 1915