People ex rel. Buckel v. Grell

New York Supreme Court

People ex rel. Buckel v. Grell

65 N.Y.S. 522

New York Supreme Court·Decided July 15, 1900·Published

Opinion

McADAM, J.

There being a continuing duty resting upon the husband arising out of the- marital relation to support his wife during her life, a decree granting alimony is not a debt “founded on contract,” within the meaning, of the bankruptcy act,, and is not affected by av discharge granted therein. Noyes v. Hubbard, 64 Vt. 302,15 L. R. A. 394; In re Lachemeyer, 18 L. B. R. 270, Fed. Cas., No. 7,9.66; Branden. [523]*523Bankr. 354; Nels. Div. & Sep. § 938; Bish. Mar., Div. & Sep. (Ed. 1891) § 837; Beach v. Beach, 29 Hun, 181; and kindred cases.

Writ dismissed, and prisoner remanded.

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McADAM, J.

There being a continuing duty resting upon the husband arising out of the- marital relation to support his wife during her life, a decree granting alimony is not a debt “founded on contract,” within the meaning, of the bankruptcy act,, and is not affected by av discharge granted therein. Noyes v. Hubbard, 64 Vt. 302,15 L. R. A. 394; In re Lachemeyer, 18 L. B. R. 270, Fed. Cas., No. 7,9.66; Branden. [523]*523Bankr. 354; Nels. Div. & Sep. § 938; Bish. Mar., Div. & Sep. (Ed. 1891) § 837; Beach v. Beach, 29 Hun, 181; and kindred cases.

Writ dismissed, and prisoner remanded.

People ex rel. Buckel v. Grell, 65 N.Y.S. 522 (N.Y. Super. Ct. 1900).

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