246 A.D. 623 | N.Y. App. Div. | 1935
Order sustaining a writ of habeas corpus and discharging the relator from the Raymond Street, Brooklyn, Civil Prison, affirmed, with ten dollars costs and disbursements against the appellants. The judgment roll in the action of Milruth and Geltner against the relator, which was submitted to the court on the argument of this appeal, along with the printed papers, shows that said action was for a partnership accounting, and the judgment therein fixes the amounts due the plaintiffs by the relator as their respective shares of partnership assets received by the relator in the course of the partnership business, and decrees the payment of said amounts by him to the plaintiffs in said action. In our opinion, the court was without power 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 enforeible by execution only. (Civ. Prac. Act, §§ 504 and 505; Judiciary Law, § 753; Wasserman v. Lupis, 223 App. Div. 773; People ex rel. Sarlay v. Pope, 230 id. 649.) Lazansky,