Cox v. Duckworth

(After stating the foregoing facts.)

1. The motion to dismiss was in the nature of a general demurrer to the petition, and the court properly overruled it. That the petitioner failed, to set forth a ease for the issuance of the writ of ne exeat, or for the requirement that the defendant give bond, might have been grounds for demurrer to the paragraphs of the petition in which allegations are made appropriate in an application for the writ of ne exeat; but inasmuch as the petition shows that the complainant and the respondent, after their marriage, had been divorced, that both had remarried,…