Breck v. Smith
New York Supreme Court
APPEAL from an order made at a special term denying a motion to vacate an order for a ne exeat, and the writ, after the defendant had. been discharged from custody, on giving bail or security to the sheriff.
1Opinion of the CourtSutherland, J.
The codifiers may have intended to abolish the writ of ne exeat, but I do not think they succeeded in doing so.
I suppose there never has been, or ever will be, a codifier who, at the close of his work, does not think that he has done many things that he has not done, and who has not done many things that he did not intend to do.
The act of December 14, 1847," amending the judiciary act of May 12, 1847, conferred on any justice of the Supreme Court, or county judge, the power, out of court, to allow writs of ne exeat in suits and proceedings in the Supreme Court. (See Laws of 1847, p. 640, §…
2Cited by3 opinions
- Cary v. CaryNew Jersey Court of Chancery · 1884
- Beckwith v. SmithNew York Supreme Court · 1870
- Collins v. . CollinsNew York Court of Appeals · 1880