May v. May
Supreme Court of Georgia
Motion to dissolve bond. Before Judge Charlton. Chatham superior court. January 11, 1916. Mrs. Laura May filed a petition against her husband, C. H. May, for alimony for herself, for the custody of their child, and for the writ of ne exeat. A rule nisi was granted for a hearing as to temporary alimony, and the writ of ne exeat was ordered.
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Motion to dissolve bond. Before Judge Charlton. Chatham superior court. January 11, 1916. Mrs. Laura May filed a petition against her husband, C. H. May, for alimony for herself, for the custody of their child, and for the writ of ne exeat. A rule nisi was granted for a hearing as to temporary alimony, and the writ of ne exeat was ordered. In the order the amount of the bond was fixed, “conditioned to pay and abide by such judgment as may be rendered in favor of the plaintiff herein; and, in default of such bond, to be kept in your custody until said order is complied with, and by you be…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) This case is brought on a writ of error to the judgment of the trial court in overruling a motion to “dissolve and discharge the bond as functus officio” in a Avrit of ne exeat república. This is the sole issue presented. As a remedy the writ of ne exeat regno is exceedingly old. It was first used in England sometime between the reign of John and that of Edward I, as a high prerogative writ founded upon the duty of a subject to defend the king and his realm. In this - country it has always been treated, not as a prerogative writ, but as an ordinary process…
2Cases cited4 opinions
- Freeman v. FreemanSupreme Court of Georgia · 1915
- Lamar v. LamarSupreme Court of Georgia · 1905
- McGee v. McGeeSupreme Court of Georgia · 1850
- Pounds v. PoundsSupreme Court of Georgia · 1911
3Cited by12 opinions
- Pepper v. PepperSupreme Court of Georgia · 1930
- Lomax v. LomaxSupreme Court of Georgia · 1933
- Swain v. JaudonSupreme Court of Georgia · 1918
- Adams v. MooreSupreme Court of Georgia · 1945
- August v. AugustCourt of Appeals of Georgia · 1941
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