New York Supreme Court, 1900

People ex rel. Buckel v. Grell

People ex rel. Buckel v. Grell
New York Supreme Court · Decided July 15, 1900 · McAdam
65 N.Y.S. 522 (New York Supplement)

Counsel

Robert J. Haire, for relator.,, Philip J. Britt, for sheriff., Alfred Steckler, for plaintiff in divorce action.

People ex rel. Buckel v. Grell

Opinion of the Court

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. *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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