Schreiber v. Schreiber
New Jersey Court of Chancery
On. petition for order directing surety upon a ne exeat bond to pay the amount of the penalty of the bond into court.
1Opinion of the Court
Stevenson, V. C.
The question which I understand is to be presented to the court of errors and appeals for settlement, is whether the practice which has prevailed in the court of chancery for many years, of enforcing the pajunent of the penalty of a defaulted ne exeat bond from the surety in the court of chancery by a summary proceeding on order to show cause served upon the surety, is correct and lawful or not.
The practice which has been followed in many cases to my knowledge is based upon the opinion of Chancellor Eunyon in the case of Wauters v. Van Vorst, 28 N. J. Eq. 103, which perhaps…
2Cases cited1 opinion
- Mitchell v. BunchNew York Court of Chancery · 1831
3Cited by10 opinions
- Alexander v. SlearSupreme Court of Georgia · 1933
- Jackson v. JohnsonSupreme Court of Georgia · 1927
- Borden v. Wolf Silk Co., Inc.New Jersey Court of Chancery · 1931
- Gault v. GaultNew Jersey Court of Chancery · 1932
- Muckelrath v. ChezemMississippi Supreme Court · 1939
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