
    Rosemary W. Patterson, Respondent, Appellant, v. Roger W. Patterson, Appellant, Respondent.
    First Department,
    May 28, 1937.
    
      
      John B. Boyle, for the plaintiff.
    
      Sidney Salant, for the defendant.
   Per Curiam.

The court was without power to order a sequestration of defendant’s monthly earnings to become due. There must be a definite property right in the husband in order that the wife obtain relief by way of sequestration under sections 1171 or 1171-a of the Civil Practice Act. Where, as here, defendant is entitled to nothing except payment of services to be performed, his earnings accruing subsequent to the time of the appointment of a receiver cannot be reached by plaintiff in sequestration. (Valentine v. Williams, Inc., 159 N. Y. Supp. 815; affd., 179 App. Div. 884; affd., 223 N. Y. 574; Rolt-Wheeler v. Rolt-Wheeler, 175 App. Div. 852.) The order should accordingly be reversed, without costs, and plaintiff’s motion denied. The cross-appeal from the order requiring the receiver to furnish a bond in the sum of $1,000 on the ground that the amount of the undertaking is excessive should be dismissed.

Present ■—Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.

Order appealed from by the defendant unanimously reversed, without costs, and plaintiff’s motion denied. Cross-appeal by plaintiff dismissed.  