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