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1 Paige Ch. 629

Dunham v. Jackson

New York Court of Chancery

Decided October 7, 1829

New York Court of Chancery · decided 1829-10-07

In this cause the bill of the complainant had been dismissed with costs; and the complainant had suspended the proceedings to collect the costs by an appeal to the Court of Error.

Cited by 1 later decisions — most recently December 1870

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1829-10-07

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¶1The Chancellor :—The object of the writ of ne exeat is to obtain equitable bail, and may be applied for in any stage of the suit. The complainant intends to leave the state before the appeal can be determined. The defendant is not obliged to follow her to Florida to obtain satisfaction of the costs decreed. In Stewart v. Stewart, (1 Ball & Beatty, 73,) a ne exeat was granted against a-complainant who was about to leave the country before the decree for costs could be made effectual against him.

¶2The ne exeat must be granted in this case unless the complainant gives security to abide the final decree.

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