The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-09-22
THE COURTS.
Right to Enforce AlimOny After a
Decree Of Bankruptcy.
IMPORTANT TO RECEIVERS.
DR.. Lambert's Application for Reduc-
ton OF Ball.

An important decision handed down by Judge
Choats, OF the United States District Court yester-
day relating TO the ineGsctiveness Of decree OF
bankruptcy to relieve divorced husband from llapil-
ny to pay almony decreed against MN by State
court Ia favor OF his wife. Phebe J. Lackmeyer was
divorced from husband, FREDERICK Lackmeyer, in
Decembsr 1868 with an allowance OF aiimony IN her
favor at the rate $50 month The husband subse-
quenty wont to Europe accompanied, AS II is claimed
on the part Of the wife, by the woman who was the
cause Of the divorce. Recently ne returned 10 this
country, aud although he paid something from time
TO time OF her allowance OF a!imony, there
IRE stifl Que her accumulated arrears amounting
TO nearly $4,000 few weeks siuce her counsel,
Mr. William H. secor TOOK proceedings u enforce pay
mcnt Of the amony the stale courts, ana was there
met ny an injunction from the United STATES Court
based decree in bankruptcy releas ing the nus
baud from his debts This decree, It was claimed on
the part OF the husband, released him from abih,y
TO pay the allmeny as well as all otner debts Mr.
Secor tnsn mace u motion before Ju0ge Choate 70
vacate this Injunction, cximug that The decree in
Bankruptcy could NOT affect the payment of all
mony. On the argument OF that M ten a very iull
report Vi the facts connected with the aivorcc case
and the parties thereto appeared III Inc HERALD anu
Judge Choate now adds additional InLei est 10 the
sase ny his decision. he holds that the bankrupt
Jaw contemplatss adjudication oil debts made by cti-
sens the United States growing out oil contracts in
:dent TO tnc cizens business interests AID bus
Obligations, ana not as 10 quasi deots when are
ponce uuY required by the sovereignty OF the State
10 cvnpe u husband 10 support his vie aud family
and prevent their becoming pubic charge; that u
decree OF tie sta.s Court 10 oiiug iuto and punish
for contempt, could com pei the payment OF H. and
action would lie or the Collection OF the money. 10
that C0nrt alone (meanDg the Supreme Court Of the
Bate IN this instauce) must, therefore, DO relcgaed
me parties as Tue State Court alones the sole
DreIgn 10 determus The duties ana Obligations OF The
Bi.izens anu subjects OF the state in the dom ,sc
tsa,Ion. The Judge, therefore ssoives the ujunc-
on leaving the petitioner free TO apply TO The State
Court Tor the enforcement OF her rights tue prem
kes
RECEIVING AND KEEPING ASSETS.
In June, 1876, Edward Keys recovered 10 The
Marine Court a judgment against Peter Muller and
others ior $209 43. Execution having been issued
ana uusatished on the 24tn oil August oil the
same year, JOnD b. Fullerton, CLERK In the law office
OF Knseland Carter, was apponte by the Court re-
ceiver OF deeGdxnts' property. He coilscted indi-
vidualy $500 "a, and his attorneys, Kueeand Car
ter, collected 1865 IS more. Out oil the sum collected
by the receiver lie paid out 1927 SO, almost all Of
winch was paid 10 Kaeeand Garter as counsel fees.
The sum collected by the latter firm was retained ny
them. IN May last the plaintiff employed hessrs
Hail Il Blundy MS attorneys 10 lorce The receiver
10 settlement, when the latter filed
account showing substantially the foregoing state
lacts. Objections were intoiposed 10 this
lccount tue ground that the receiver mad no
lutnOiiy 10 make inc pay DeDts therein stated with
oraer OF The Court, and especially The yInent
10 Kueelana u carter. An order was tnen made by
tuage Goepp directing the receiver 10 SATISFY inc
luds meut and costs OF piiuun within thirty days,
less 500 66, which had been paid account. The
bhrIy Gays sxpireu without the receiver conforming
10 tho oraer VI the Couri, ana precept was then
issued directing MS imprisonment unui he should
Ibsy the order 70 satisfy plaintiffs judgment, Inc
ba'anco thereon beng S2U2 "a. mat precept was
not put III i0rcs because, alleged on the part OF
psiutiH the receiver was resdent oi the SAFE oil
New Jersey, aud was insoivent ana ain-
tin's present counsel preferred instead 10 pur-
Kneeiuna Carter, the RECEIVERS attor.
neys, Tor the money wncn they are charged with
having collected Tor HIM. lu pursuance VI TINS PESO
luton q moLl0n was MADE before Judge sheridan, IN
CnausUers o tho Marine Court, yesterday TO compel
Kneeaud Carter to satisfy tho balance oi plainiis'
judgment out Oi the mUncys oil defendant whicn they
hao Uoeceu according 10 tue state menis IN AN atd~v
Of receiver submitted to Tue Court, without his
authority. The answer Of Messrs Kneelano & Carter
TO these charges was that they aId not coisct tue
mouey without the RECEIVERS authority; that they
now held no moneys belonging 10 hun, 0ui, on tue
CONTRARY he was Indebted 10 them Ia the SUN OF $500.
Tor winch they hold his note, and also inat b.
a:rsns Uetween the aud Mr.. Carter the
moneys wnicn are tho subject ot the motion were
sppiIeu ON another judgment against the deenaant,
OF winch Csrter Was The assignee. Judge Sheridan
referred the matter 10 Joun Brooks Leavtt 10 take
testimony. Mr.. Kneeand IS Inc same attorney VINO
has been somewhat prominent recently IN espousing
tho cause Of the calmants 10 the Stewart estate.