§ 72 — When insolvent required to produce his non-resident wife

New York § 72

• Jurisdiction: New York
• Law DCD: Debtor & Creditor
• Art. 3: Insolvent's Discharge From Debts

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§ 72. When insolvent required to produce his non-resident wife. Where\nthe petitioner's wife resides without the state, the court, or a judge\nthereof out of court, may, upon the application of any creditor, make an\norder, requiring the petitioner to bring his wife before the court, at\nthe hearing or trial, to the end that she may be examined as a witness.\nA copy of the order must be personally served upon the petitioner, at\nleast three weeks before the hearing. If it appears, upon the hearing,\nthat service could not, with due diligence, be so made, in consequence\nof the petitioner's sickness or absence, the court may, in its\ndiscretion, adjourn the hearing or trial, and prescribe the time and\nmanner of service of the order for the adjourned day. If, after due\nservice, the petitioner's wife does not attend at the time and place\nappointed, the petitioner is not entitled to his discharge, unless he\nproves, to the satisfaction of the court, by his affidavit, or upon his\noral examination, or otherwise, that he was unable to procure her\nattendance.\n