Legal Opinion

Bailey v. Cadwell

Michigan Supreme Court

Decided July 2, 1883PublishedCited by 6 opinions

Error to Kent. (Montgomery, J.) Debt on bond. Plaintiff brings error. Execution for debt cannot issue on a decree until it is enrolled: JBrown v. Haff 5 Paige 235 ; Gleason v. Bisby 1 Clarke Cli. 551; and alimony is not a debt: Lyon v. Lyon 21 Conn. 185 ; but the writ of ne exeat is issuable: Chancery Pule IT Oadwell v. Ramdall 36 Mich. 251; and a proper occasion is an application for alimony: 2 Story’s Eq. Jur. §§ 1469,1871; 2 Bish.

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Error to Kent. (Montgomery, J.) Debt on bond. Plaintiff brings error. Execution for debt cannot issue on a decree until it is enrolled: JBrown v. Haff 5 Paige 235 ; Gleason v. Bisby 1 Clarke Cli. 551; and alimony is not a debt: Lyon v. Lyon 21 Conn. 185 ; but the writ of ne exeat is issuable: Chancery Pule IT Oadwell v. Ramdall 36 Mich. 251; and a proper occasion is an application for alimony: 2 Story’s Eq. Jur. §§ 1469,1871; 2 Bish. M. & D. 5.08 ; Kirby v. Kirby 1 Paige -261; Yule v. Yule 2 Stoclct. 138; Denton v. Denton 1 Johns. Ch. 364; and if a circuit judge in chancery can grant it, a…

1Opinion of the CourtCampbell, J.

Tbis is a suit on a ne exeat bond. The writ was allowed in the preliminary stages of a divorce suit, by a circuit court commissioner acting as injunction master, in 1868.

The court below held that there was no cause of action.

Ve find no statutes in this State regulating the issue of these writs, and we have had nothing beyond a bare-recognition of their possibility since 1838. Eut we have-in the Chancery Act (Comp. L., § 5057) this general rule in regard to jurisdiction: “ The powers and jurisdiction of the circuit courts in chancery in and for their respective-counties shall be co-extensive…

2Cases cited2 opinions

  1. Denton v. DentonNew York Court of Chancery · 1815
  2. Gernon v. BoecalineU.S. Circuit Court for the District of Pennsylvania · 1807

3Cited by6 opinions

  1. Risser v. HoytMichigan Supreme Court · 1884
  2. Cohen v. CohenMassachusetts Supreme Judicial Court · 1946
  3. Lamar v. LamarSupreme Court of Georgia · 1905
  4. Deering v. Wayne Circuit JudgeMichigan Supreme Court · 1924
  5. Jackson v. JacksonCourt of Special Appeals of Maryland · 1972

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