Elkay Steel Co. v. Collins

Opinion by

Me. Justice Benjamin B. Jones,

This appeal presents two questions: (1) is the writ of ne exeat 1 available in Pennsylvania, and (2), if it is, do the instant facts warrant its issuance and continuance? The use of the writ of ne exeat is one of first impression in an appellate court in this Commonwealth.

Elkay Steel Co., appellee, instituted an equity action against M. Dennis Collins, appellant, and Rena R. Collins, his wife, wherein it was alleged that the Collins, by false and fraudulent representations and by forgeries, had secured from Elkay $91,015, a part of which — approximately…