Denton v. Denton
New York Court of Chancery
WELLS, in behalf of the defendant, moved that so much of the order ofthe 23d February last, in this cause,† as directs the issuing of a writ of ne exeat, he discharged; and that the bond given in'pursuance thereof be given up to be cancelled; and that the. defendant have leave to depart from this state, either unconditionally, or upon giving security to return within some given time., The motion was accompanied with an affidavit ofthe defendant, denying any intention, before…
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WELLS, in behalf of the defendant, moved that so much of the order ofthe 23d February last, in this cause,† as directs the issuing of a writ of ne exeat, he discharged; and that the bond given in'pursuance thereof be given up to be cancelled; and that the. defendant have leave to depart from this state, either unconditionally, or upon giving security to return within some given time., The motion was accompanied with an affidavit ofthe defendant, denying any intention, before or at any time of the order aforesaid, of leaving the United States for Europe; and that all allegations to the…
1Opinion of the Court
The Chancellor.
As the application for a ne exeat is ex parte, and as the wife is permitted to sue her husband in this court, her affidavit, as plaintiff, is admissible, on the same ground as that of any other plaintiff; and process of injunction, and a ne exeat, are, according to the usual course and practice of the court, obtained on the oath of the party. The case of Sedgwick v. Watkins does not appear to be founded on just principles. For the purpose of carrying on this suit, the wife is considered as independent of her husband, and she ought to be permitted to enjoy the rights of a party.…
2Cited by3 opinions
- Bailey v. CadwellMichigan Supreme Court · 1883
- Bayly v. BaylyHigh Court of Chancery of Maryland · 1847
- Schieffelin v. HawkinsNew York Court of Common Pleas · 1862