People ex rel. Bellovin v. Sheriff of Kings CountyPeople ex rel. Bellovin v. Sheriff of Kings County
Order sustaining a writ of habeas corpus and disсharging the relator from the Raymond Streеt, Brooklyn, Civil Prison, affirmed, with ten dollars costs аnd disbursements against the appellants. The judgment roll in the action of Milruth and Geltner аgainst the relator, which was submitted to the сourt on the argument of this appeal, along with the printed papers, shows thаt said action was for a partnershiр accounting, and the judgment therein fixes the amounts due the plaintiffs by the relator as their respective shares of pаrtnership assets received by the relator in the course of the partnership business, and decrees the payment оf said amounts by him to the plaintiffs in said action. In our opinion, the court was without pоwer to adjudge the relator in contempt of court or to commit him to jail for his failure to pay such moneys to the plaintiffs as directed, the judgment being enforеible by execution only. (Civ. Prac. Act, §§ 504 and 505; Judiciary Law, § 753; Wasserman v. Lupis,