CHANCER v. CHANCER


282 A.D. 561 (1953)

Alice Chancer, Respondent, v. Louis Chancer, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 10, 1953.


Attorney(s) appearing for the Case

Myron A. Ellis of counsel (Emil K. Ellis, attorney), for appellant.

Sidney Rothenberg of counsel (Charles Rothenberg, attorney), for respondent.

PECK, P. J., and GLENNON, J., concur with COHN, J.; BREITEL, J., dissents and votes to affirm in opinion, in which BOTEIN, J., concurs.


COHN, J.

Defendant in this case was arrested on June 5, 1951, and deposited in lieu of bail cash in the sum of $1,000 the property of his daughter. The order of arrest dated August 24, 1948, was granted pursuant to section 827 of the Civil Practice Act upon the ground that defendant a resident of the State was about to depart therefrom and that judgment demanded which would require payment of alimony and counsel...

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