Legal Opinion

Ellingwood v. Stevenson

New York Court of Chancery

Decided October 30, 1846Published

This was a suit by a judgment and execution creditor. On filing the bill, and on proof that the defendant was about to depart from the state, a ne exeat issued, on which he was arrested, and he gave bail to the sheriff. The usual order for a receiver and the examination of the defendant was made. He neglected to attend before the master, pursuant to a summons founded upon that order, and the complainant moved for an attachment.

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This was a suit by a judgment and execution creditor. On filing the bill, and on proof that the defendant was about to depart from the state, a ne exeat issued, on which he was arrested, and he gave bail to the sheriff. The usual order for a receiver and the examination of the defendant was made. He neglected to attend before the master, pursuant to a summons founded upon that order, and the complainant moved for an attachment. The time for answering elapsed without any answer being put in, and the bill was taken as confessed. The defendant’s solicitor moved, in this state of the case, to…

1Opinion of the Court

The Vice-Chancellor.

The defendant was arrested on a ne exeat issued upon a judgment creditor’s bill, and a motion is now made to discharge the writ, on the ground that it was irregular to issue it in such a suit. It is insisted, that this is a legal demand, and that in such cases the court of chancery, by-analogy to the process of the courts of law on similar demands, does not require equitable bail of a defendant, since the act of 1831, abolishing imprisonment for debt. That act confessedly, has no direct application to writs of ne exeat. Hence the whole point of the argument turns upon the…

2Cases cited2 opinions

  1. Brown v. Haff & LyonNew York Court of Chancery · 1835
  2. Gleason v. BisbyNew York Court of Chancery · 1841

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