State Codes and Statutes

Statutes > New-york > Dcd > Article-3 > 72

§  72. When insolvent required to produce his non-resident wife. Where  the petitioner's wife resides without the state, the court, or  a  judge  thereof out of court, may, upon the application of any creditor, make an  order,  requiring  the petitioner to bring his wife before the court, at  the hearing or trial, to the end that she may be examined as a  witness.  A  copy  of  the order must be personally served upon the petitioner, at  least three weeks before the hearing. If it appears, upon  the  hearing,  that  service  could not, with due diligence, be so made, in consequence  of  the  petitioner's  sickness  or  absence,  the  court  may,  in  its  discretion,  adjourn  the  hearing  or trial, and prescribe the time and  manner of service of the order for the  adjourned  day.  If,  after  due  service,  the  petitioner's  wife  does not attend at the time and place  appointed, the petitioner is not entitled to his  discharge,  unless  he  proves,  to the satisfaction of the court, by his affidavit, or upon his  oral examination, or otherwise,  that  he  was  unable  to  procure  her  attendance.

State Codes and Statutes

Statutes > New-york > Dcd > Article-3 > 72

§  72. When insolvent required to produce his non-resident wife. Where  the petitioner's wife resides without the state, the court, or  a  judge  thereof out of court, may, upon the application of any creditor, make an  order,  requiring  the petitioner to bring his wife before the court, at  the hearing or trial, to the end that she may be examined as a  witness.  A  copy  of  the order must be personally served upon the petitioner, at  least three weeks before the hearing. If it appears, upon  the  hearing,  that  service  could not, with due diligence, be so made, in consequence  of  the  petitioner's  sickness  or  absence,  the  court  may,  in  its  discretion,  adjourn  the  hearing  or trial, and prescribe the time and  manner of service of the order for the  adjourned  day.  If,  after  due  service,  the  petitioner's  wife  does not attend at the time and place  appointed, the petitioner is not entitled to his  discharge,  unless  he  proves,  to the satisfaction of the court, by his affidavit, or upon his  oral examination, or otherwise,  that  he  was  unable  to  procure  her  attendance.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Dcd > Article-3 > 72

§  72. When insolvent required to produce his non-resident wife. Where  the petitioner's wife resides without the state, the court, or  a  judge  thereof out of court, may, upon the application of any creditor, make an  order,  requiring  the petitioner to bring his wife before the court, at  the hearing or trial, to the end that she may be examined as a  witness.  A  copy  of  the order must be personally served upon the petitioner, at  least three weeks before the hearing. If it appears, upon  the  hearing,  that  service  could not, with due diligence, be so made, in consequence  of  the  petitioner's  sickness  or  absence,  the  court  may,  in  its  discretion,  adjourn  the  hearing  or trial, and prescribe the time and  manner of service of the order for the  adjourned  day.  If,  after  due  service,  the  petitioner's  wife  does not attend at the time and place  appointed, the petitioner is not entitled to his  discharge,  unless  he  proves,  to the satisfaction of the court, by his affidavit, or upon his  oral examination, or otherwise,  that  he  was  unable  to  procure  her  attendance.