Gibert v. Colt
New York Court of Chancery
Motion for a writ of ne exeat, founded on petition and affidavit. A bill -had been filed and an answer put in. It appeared, that Dulary died in 1807, leaving a will, by which he made his daughter Madame d’Aitz, sole legatee of his personal estate, and appointed her and the late Jacob Le Roy, his executors; the latter of whom alone, proved the will.
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Motion for a writ of ne exeat, founded on petition and affidavit. A bill -had been filed and an answer put in. It appeared, that Dulary died in 1807, leaving a will, by which he made his daughter Madame d’Aitz, sole legatee of his personal estate, and appointed her and the late Jacob Le Roy, his executors; the latter of whom alone, proved the will. Le Roy, being at the time, engaged in commercial business, in partnership with the defendant Colt, under the firm of Jacob Le Roy and son, the funds of the Dulary estate were carried by the executor, into the accounts of the firm ; they charging…
1Opinion of the Court
The Court.
The English idea, that a ne exeat is a prerogative writ, is inapplicable, here. This writ has now become an ordinary process of courts of equity; and it is as much a writ of right, as any other process used in the administration of justice. It must be granted, when a proper case is presented.
The defendant is a citizen and a resident of another state; hut he is nevertheless, liable to this writ. Our own citizens, those of other states and foreigners are all equally subject to our laws, and to the process of our courts, while they are in this state. There can be no reason, that the…
2Cited by2 opinions
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- Davidor v. RosenbergWisconsin Supreme Court · 1906