Dunham v. Jackson
New York Court of Chancery
In" this cause the bill of the complainant had been dismissed with costs; and the complainant had suspended the proceedings to collect the costs by an appeal to the Court of Error.
1Opinion of the Court
The Chancellor :—The object of the writ of ne exeat is to obtain equitable bail, and may be applied for in any stage of the suit. The complainant intends to leave the state before the appeal can be determined. The defendant is not obliged to follow her to Florida to obtain satisfaction of the costs decreed. In Stewart v. Stewart, (1 Ball & Beatty, 73,) a ne exeat was granted against a-complainant who was about to leave the country before the decree for costs could be made effectual against him.
The ne exeat must be granted in this case unless the complainant gives security to abide the final…
2Cited by4 opinions
- Lewis v. ShainwaldU.S. Circuit Court for the District of California · 1881
- Bayly v. BaylyHigh Court of Chancery of Maryland · 1847
- Samuel v. WileySupreme Court of New Hampshire · 1870
- Haberstro v. BedfordNew York Supreme Court · 1887