Patterson v. Bowie

U.S. District Court

Decided July 15, 1807

U.S. District Court · decided 1807-07-15

Motion to discharge a ne exeat issued against Bowie, as garnishee of Ball. Bowie, contended that the act of Virginia of 26th of December, 1792, p.115, provides for the case of restraining the garnishee from paying away the money, &c., by authorizing the court to require security, or by ordering the property to be given up to the plaintiff. A ne exeat does not lie against any but the principal debtor himself. 2 Har. Ch. Prac. 202-210.

Decided 1807-07-15

THE COURT

¶1(nem. con.) quashed the ne exeat with costs of the motion, and ordered the bond to be cancelled. 1st Because the affidavit was insufficient; and 2d. Because a ne exeat ought not to issue against a garnishee.

FITZHUGH, Circuit Judge, contra, as to the 2d ground, thinking there might be cases in which there would be a defect of justice if a ne exeat could not issue.