Neville v. Neville
New York Supreme Court
Motion by defendant to discharge a writ of ne exeat, upon which she has been arrested and held to bail by the sheriff of Jefferson county. The defendant is a feme covert, now an inhabitant of Canada, where her husband resides. In January, 1860, she was residing with her husband at Watertown, in this state, and, as is alleged, received from the plaintiff $600 for safe keeping for him, only $50 of which she has repaid.
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Motion by defendant to discharge a writ of ne exeat, upon which she has been arrested and held to bail by the sheriff of Jefferson county. The defendant is a feme covert, now an inhabitant of Canada, where her husband resides. In January, 1860, she was residing with her husband at Watertown, in this state, and, as is alleged, received from the plaintiff $600 for safe keeping for him, only $50 of which she has repaid. Four hundred dollars of the remainder, it is alleged, she has since appropriated by giving or lending the same to her father, receiving as a security for the re-payment of a part…
1Opinion of the Court
Allen, Justice.
The power to issue the writ of ne exeat in cases of equitable cognizance still exists, and is not impaired or affected by the provisions of the Code. (Bushnell agt. Bushnell, 15 Barb., 399 ; S. C. at special term, 7 How., 389.) This case, and the principle upon which it proceeded, holding that the general provisions of the Code, (§ 178,) that no person shall be arrested in a civil action except as prescribed by that act, did not apply to cases in which the plaintiff was entitled to equitable bail, is decisive of the Question made by the defendant upon the clause in section 179…
2Cases cited2 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Bushnell v. BushnellNew York Supreme Court · 1853
3Cited by2 opinions
- Dean v. SmithWisconsin Supreme Court · 1868
- Johnston v. JohnstonThe Superior Court of New York City · 1863