Gault v. Gault

Petitioner moves the court to adjudge the surety on a neexeat bond in contempt for failure to comply with an order of the court declaring the bond forfeited and directing the surety to pay the amount due thereon. The bond is in the form permitted by chancery rule 216. The order forfeiting the bond and directing payment by the surety is a final decree in a summary proceeding; it corresponds with the judgment on scire facias on a recognizance in a law court. Elliott v. Elliott,36 Atl. Rep. 951; Schreiber v. Schreiber, 85 N.J. Eq. 303; affirmed, 86 N.J. Eq. 437. The question is, how may the…