Gernon v. Boecaline
U.S. Circuit Court for the District of Pennsylvania
A ne exeat had been awarded in this case, by the district judge, and bail taken. A motion was now made to discharge it, on the ground that the district judge had no power to award it Upon this ground, the court quashed the writ The plaintiff then moved to award a new writ, which was objected to by Levy, for defendant; the plaintiff having stated, that the bill is filed on account of a particular transaction, in a certain vessel, which transaction has been referred, and was…
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A ne exeat had been awarded in this case, by the district judge, and bail taken. A motion was now made to discharge it, on the ground that the district judge had no power to award it Upon this ground, the court quashed the writ The plaintiff then moved to award a new writ, which was objected to by Levy, for defendant; the plaintiff having stated, that the bill is filed on account of a particular transaction, in a certain vessel, which transaction has been referred, and was settled, as appears by an item in the account, on which the arbitrators acted, in which they credit the defendant 9,000…
1Opinion of the Court
BY
THE COURT.
The affidavit is clearly defective. The plaintiff should swear positively to a debt or to his belief that a certain balance of account was due. The plaintiff being in court, and making this affidavit the court awarded a new writ; it appearing upon the examination of the plaintiff, who was sworn at the instance of the defendant, that-the particular account on which this suit was brought though laid before the arbitrators, had not been acted upon in any manner.
[See Case No. 5,366.]
2Cited by2 opinions
- Bailey v. CadwellMichigan Supreme Court · 1883
- Rice v. HaleMassachusetts Supreme Judicial Court · 1849