
    BLAKE v. BOLTE.
    (City Court of New York, General Term.
    June 20, 1894.)
    Exemptions— Sal aby—Stjffobt of Family.
    Code Civ. Proe. § 2463, which exempts the salary of a person from liability for his debts where it is necessary for the use of his family, does not apply to one who supports orphan nieces, as he is not legally obliged to support them.
    Appeal from special term.
    Action by Israel Blake against Herman Bolte. An order was made, directing defendant to pay plaintiff’s judgment out of his salary, and defendant appeals. Affirmed.
    The opinion of HEWBHRG-ER, J., at special term, is as follows:
    This is an application that defendant apply part of his salary to the payment of plaintiff’s judgment. It appears that the defendant is in receipt of a salary of $500 a month, but claims that he uses the same for the support of his family. He is a widower, and has one son, 26 years of age, who is married, and does not live with the defendant. Section 2463 of the Code exempts the earnings of the judgment debtor for his personal services, when it appears that those earnings are necessary for the use of a family wholly or partly supported by his labor. It is also claimed by the defendant that he supports two orphan nieces. I know of no legal obligation on the part of the defendant to support them, and therefore it is not within the exemption provided for in the Code. As the defendant claims to expend but $150 for the support of his son, there remains sufficient to pay plaintiff’s claim herein. Let an order be made, directing the defendant to pay plaintiff’s judgment out of the salary due him for the month of May.
    Argued before FITZSIMOHS and CCXNLAH, JJ.
    Philip Carpenter, for appellant.
    Joseph A. Kent, for respondent
   FITZSIMONS, J.

The order appealed from is affirmed, with costs, on the opinion of the special term justice.  