Ksiazek v. Ksiazek
New Jersey Court of Chancery
On motion to discharge sureties on bond given on ne exeat.
1Opinion of the Court
Lane, V. C.
Pending the suit a writ of ne exeat issued. Defendant gave bond with sureties, the condition of which was in the old form that he would not depart the jurisdiction without leave. Subsequent to final decree, an application was made by his sureties for leave tb surrender him. This application was decried. Thereafter, an application was made to punish him for contempt; he was adjudged guilty and incarcerated. The sureties now apply for their discharge. That the sureties cannot surrender their principal is the law of this state. Schreiber v. Schreiber, 86 N. J. Eq. 303, Vice-Chancellor…
2Cases cited2 opinions
- McNamara v. DwyerNew York Court of Chancery · 1838
- Gilbert v. B. & B. F. GilbertNew York Court of Chancery · 1831
3Cited by2 opinions
- Coursen v. CoursenNew Jersey Superior Court Appellate Division · 1969
- Foote v. FooteNew Jersey Court of Chancery · 1927