CONSTITUTIONAL LAW-DUE PROCESS-PROCEDURE

Authors

Abstract

New York Code of Criminal Procedure, sections 921-925, provides, in substance, that the Commissioner of Public Welfare may apply to two magistrates and, upon a showing that a husband or father owning property in the jurisdiction has absconded leaving a wife or children likely to become charges on the public, may secure a warrant for the seizure of such property and that, after confirmation of the warrant by the county court, such property may be applied to the support of the spouse or children. No sort of notice to the absentee is required. Held, affirming the decision of the New York court of appeals (250 N. Y. 136, 164 N.E. 882), the statute is constitutional when construed so as to allow the absentee, upon a showing that he was not the husband or father or that lie had not absconded, to have the whole proceeding set aside as void. Corn Exchange Bank v. Coler, 280 U. S. 218, 74 L. ed. 211, 50 Sup. Ct. 94.

Recommended Citation

CONSTITUTIONAL LAW-DUE PROCESS-PROCEDURE, 29 Mich. L. Rev. 106 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss1/15