Bushnell v. Bushnell
New York Supreme Court
This was an appeal, by the defendant, from an order made at a special term, denying the defendant’s motion to vacate a writ of ne exeat, and discharge the surety. The case, at special term, is reported in 7 Howard’s Prac. Rep. 389.
1Opinion of the Court
By the Court, Brown, J.
The principal question involved in this appeal is whether the ancient writ of ne exeat has sur*400vived the changes to which it has pleased the legislature to subject the practice of the courts within the last few years. The parties are husband and wife, and the facts set out in the complaint and the affidavit upon which the writ was issued exhibit a most flagrant case of cruelty and desertion on the part of the husband. In the short space of three years it seems he spent the whole of his wife’s property, amounting to $6000; he persuaded her to sell her watch and a few…
2Cases cited5 opinions
- Mitchell v. BunchNew York Court of Chancery · 1831
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Nicolls v. IngersoliNew York Supreme Court · 1810
- Fuller v. EmericThe Superior Court of New York City · 1849
- Gleason v. BisbyNew York Court of Chancery · 1841
3Cited by9 opinions
- People ex rel. Porteus v. BartonSupreme Court of Colorado · 1891
- Johnston v. JohnstonThe Superior Court of New York City · 1863
- Neville v. NevilleNew York Supreme Court · 1861
- Beckwith v. SmithNew York Supreme Court · 1870
- Boucicault v. BoucicaultNew York Supreme Court · 1880
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