People ex rel. Buckel v. Grell

McADAM, J.

There being a continuing duty resting upon the husband arising out of the- marital relation to support his wife during her life, a decree granting alimony is not a debt “founded on contract,” within the meaning, of the bankruptcy act,, and is not affected by av discharge granted therein. Noyes v. Hubbard, 64 Vt. 302,15 L. R. A. 394; In re Lachemeyer, 18 L. B. R. 270, Fed. Cas., No. 7,9.66; Branden. *523Bankr. 354; Nels. Div. & Sep. § 938; Bish. Mar., Div. & Sep. (Ed. 1891) § 837; Beach v. Beach, 29 Hun, 181; and kindred cases.

Writ dismissed, and prisoner remanded.