Cary v. Cary

The Chancellor.

This is an application for the rehearing of an order advised by a vice-chancellor, refusing to entertain a motion by the defendant to discharge a ne exeat issued against him,'and under *4which he was, and still is, in custody. The defendant has not answered the bill. His application is founded on affidavits-The ground of the refusal to entertain the motion was that, the-writ having been served, the defendant could not be discharged on affidavit, but must answer. MacDonough v. Gaynor, 3 C. E. Gr. 249, is cited as authority. Chancellor Zabriskie there, indeed,, laid it down as one…