Opinion
February 18, 1952.
Appeal by a judgment debtor from an order granting motion of a judgment creditor and adjudging appellant in contempt of court, fining him for violation of the restraining provisions of a subpoena, directing him to make installment payments of the balance of the judgment under section 793 of the Civil Practice Act and appointing a receiver of his property. Order modified on the law and the facts by striking out all of the ordering provisions between the first ordering paragraph and that providing for appointment of a receiver, and by substituting in lieu thereof a provision adjudging the judgment debtor to be in contempt in failing to appear on the agreed adjourned date and fining him the sum of $250. As so modified the order is affirmed, without costs. The proof does not warrant the determinations of alleged false swearing as set forth in the order, nor the determination that the restraining provision of the subpoena was violated by the judgment debtor. There is no showing as to income or revenue received by the judgment debtor which would warrant a direction that he pay the judgment in installments out of moneys other than those reasonably required for living purposes of his family and himself. It was conceded that the judgment debtor did not appear on the adjourned day. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.