Section 72. When insolvent required to produce his non-resident wife  


Latest version.
  • Where
      the petitioner's wife resides without the state, the court, or  a  judge
      thereof out of court, may, upon the application of any creditor, make an
      order,  requiring  the petitioner to bring his wife before the court, at
      the hearing or trial, to the end that she may be examined as a  witness.
      A  copy  of  the order must be personally served upon the petitioner, at
      least three weeks before the hearing. If it appears, upon  the  hearing,
      that  service  could not, with due diligence, be so made, in consequence
      of  the  petitioner's  sickness  or  absence,  the  court  may,  in  its
      discretion,  adjourn  the  hearing  or trial, and prescribe the time and
      manner of service of the order for the  adjourned  day.  If,  after  due
      service,  the  petitioner's  wife  does not attend at the time and place
      appointed, the petitioner is not entitled to his  discharge,  unless  he
      proves,  to the satisfaction of the court, by his affidavit, or upon his
      oral examination, or otherwise,  that  he  was  unable  to  procure  her
      attendance.