Collins v. . Collins
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, as follows : (Reported below, 17 Hun, 598.) “ It is ordered that the bail or security under the writ of ne exeat issued in this action on the 31st day of March, 1869, and the order therefor, made the same day, be reduced to the sum of two thousand five hundred dollars, and the said order and writ be and they hereby are amended by striking out the…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, as follows : (Reported below, 17 Hun, 598.) “ It is ordered that the bail or security under the writ of ne exeat issued in this action on the 31st day of March, 1869, and the order therefor, made the same day, be reduced to the sum of two thousand five hundred dollars, and the said order and writ be and they hereby are amended by striking out the words “ ten thousand dollars” therein and inserting the words “two thousand five hundred dollars”in the place thereof,…
1Opinion of the CourtSapallo, J.
The question whether the writ of ne exeat was abolished by the Code of Procedure has been much discussed, and the adjudications upon the point are conflicting. In the Supreme Court, the power of the court to issue the writ has been maintained, and the court has acted upon that view of the law in numerous cases. (Forrest v. Forrest, 5 How. Pr., 125; 10 Barb., 46; Bushnell v. Bushnell, 7 How. Pr., 389; 15 Barb., 399; Rogers v. Michigan, etc., R. R. Co., 28 id., 539; Glenten v. Clover, 10 Abb., 422; Neville v. Neville, 22 How., 500; Breck v. Smith, 54 Barb., 212; Viadero v. Viadero, 7 Hun, 313.)…
2Cases cited7 opinions
- Forrest v. ForrestNew York Supreme Court · 1850
- Bushnell v. BushnellNew York Supreme Court · 1853
- Fuller v. EmericThe Superior Court of New York City · 1849
- Howland v. GreenwaySupreme Court of the United States · 1860
- Breck v. SmithNew York Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.