128 N.Y.S. 623 | N.Y. App. Term. | 1911
The judgment debtor respondent was imprisoned for failure to obey an order in supplementary proceedings. Two days after his imprisonment he moved to be released, under section 775 of the judiciary law (Consol. Laws 1909, c. 30). In so far as the application is based on the claim that the respondent is unable to endure the imprisonment, the moving papers are manifestly inadequate.
In so far as the application is based on the claim that respondent is unable to pay the sum required to be paid, the moving papers, though
' Order reversed, and debtor imprisoned, with $10 costs and disbursements, with leave, however, to renew upon proper papers. All concur.