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Cases cited for the legal proposition you have searched for.

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1

...the reversal of an order sustaining the issuance of a writ of ne exeat in bankruptcy proceedings. Dist. Ct., 47 F.2d 276.... A court of bankruptcy has no authority under § 2 (15) of the Bankruptcy Act or § 261 of the Judicial Code to issue a writ of ne exeat against an...order in the southern district. On these representations the judge made an order of examination and arrest. And on the same day he signed another order, under the caption "Writ Ne Exeat," commanding the marshal to apprehend respondent, take him into custody and bring him before the judge for examination "or, at his option, cause him to give sufficient bail or security in the sum of $10,000...


Court: U.S. Supreme Court
Date: Mar 14, 1932 Cited By: 305 Coram: 1
2

...maintenance suit against her husband in the Circuit Court of Dade County, wherein a writ of ne exeat had been issued by the Circuit Judge...there and sent as authorized by statute for service upon the defendant in Monroe County in the 20th Judicial Circuit. The writ of ne exeat issued by the Circuit Court of the...to interfere by habeas corpus with the execution of process of another Circuit Court, such as a writ of ne exeat, issued by a Circuit Judge of the 11th Judicial Circuit in Dade County...


Court: Supreme Court of Florida, Division B.
Date: Jun 6, 1932 Cited By: 19 Coram: 1
3

...whom appellee Aetna Casualty and Surety Company has a civil judgment, appeals from the entry of a writ of ne exeat against him. The writ, which is essentially a form of equitable bail, was issued ex..., although they are not frivolous. The writ of ne exeat, governed by Fed.R.Civ.P. 69 and Mass.R.Civ.P. 4.3(c), is not available as a tool in an ordinary civil collection action like this. It may only issue in...also filed an ex parte application for the writ of ne exeat and supported it with an affidavit stating that Markarian and his co-defendants were secreting assets to render them immune to supplementary...


Court: United States Court of Appeals, First Circuit.
Date: Jun 4, 1997 Cited By: 49 Coram: 1
4

...limited divorce with alimony and a writ of ne exeat to prevent defendant from leaving the jurisdiction of the court. From an order refusing to quash the writ of ne exeat and directing that it continue.... EDGERTON, Associate Justice. This is an appeal from an order refusing to quash a writ of ne exeat and directing that it continue in...jurisdiction to go to Nevada and asked, therefore, that a writ of ne exeat be issued to prevent him from leaving the jurisdiction of the court "pending a determination hereof." The court at once...


Court: United States Court of Appeals, District of Columbia Circuit.
Date: Feb 16, 1942 Cited By: 23 Coram: 1
5

...defendant. On the following day, Khawly was served with a copy of the complaint along with a copy of a writ of ne exeat issued by the respondent. The writ commanded the Sheriff, inter alia...restrained by the writ of ne exeat and that habeas corpus relief is available to him, see, e.g., Jones v. Cunningham, 371 U.S. 236.... Bridges, 153 Fla. 586, 15 So.2d 293 (1943), Khawly requests that we grant him such relief and discharge him from the writ of ne exeat. Khawly...


Court: District Court of Appeal of Florida, Third District.
Date: Sep 27, 1982 Cited By: 1
6

.... On petition to vacate writ of ne exeat. Mr. Jacob Van Der Clock, for the petitioner..., and the proceedings were again adjourned until July 12th, 1926; but as the defendant was leaving the court room he was again arrested and taken into custody by a deputy sheriff upon the writ of ne exeat which...knowledge. This application to vacate the writ of ne exeat is based upon the proposition that the defendant, while voluntarily...


Court: Court of Chancery.
Date: Nov 26, 1926 Cited By: 3 Coram: 1
7

...of the Court. In this original proceeding, we hold that a district court possesses the authority to issue a writ in the nature of ne exeat, which is designed to prevent a person from leaving the court's jurisdiction. Leslie Collins-Pottebaum, Petitioner in this court and Respondent below, requested a writ and...district court denied grandmother's motion on the grounds that this court abolished the authority of district courts to issue writs of ne exeat when it enacted C.R.C.P. 106, which states that all forms of remedial writs are abolished. Grandmother filed a Petition for Writ of...substance of remedial writs such as the writ of ne exeat. Therefore, we make the rule absolute, and we remand this case to the district court to decide grandmother's request on its merits...


Court: Supreme Court of Colorado.EN BANC
Date: May 21, 1999 Cited By: 5 Coram: 1
8

...County Jail. On January 19, 1977, he was served in jail with a writ of ne exeat, and bond was fixed in the amount of $20,000. Appellant, through his counsel, filed a motion to quash the service of the...of the same facts upon which the Petition for Writ of Ne Exeat is grounded. 4. The criminal charges are still pending against Respondent and he has been neither...convicted nor acquitted. 5. Service of the Writ of Ne Exeat is premature and improper under Chapter 941, Section 941.25, F.S.A...


Court: District Court of Appeal of Florida, Second District.
Date: Aug 31, 1977 Cited By: 1 Coram: 1
9

....          Service of process, writ of ne exeat, and bond canceled..., Chief Justice.           The Judicial Code provides that no writ of ne exeat shall be granted...United States for the District of Columbia, in a divorce proceeding, is exercising its local and not federal jurisdiction, and the authority upon which, in such a case, it may issue the writ of ne exeat is...


Court: United States District Court, District of Columbia
Date: Jun 15, 1943 Cited By: 0
10

.... The purpose of a writ of ne exeat is to obtain equitable bail. The writ may be obtained in the same way as an injunction, but usually only after a bill has been filed. It may issue as an...interlocutory order or as a part of a final decree. It issues on motion or application supported by affidavit, or on an original complaint or bill in equity. While a proceeding to obtain a writ of ne exeat may...complaint in that action are dated September 11, 1947. On that date the plaintiff, under oath, applied for and obtained from a judge, the court not then being in session, a writ of ne exeat. The writ...


Court: Superior Court, New Haven County
Date: Dec 15, 1950 Cited By: 2 Coram: 1
11

.... Equity. Before SOFFEL, J. Writ of ne exeat issued; defendant's motion to quash writ refused and order entered. Defendant, M. Dennis Collins, appealed...exeat — Use in private litigation — Scope — Act of July 12, 1842, P. L. 339. 1. A court of common pleas may issue a writ of ne exeat in an action in equity. [448] 2. A writ of...ne exeat should be granted only in circumstances which clearly warrant it and only with great caution. [447-8] 3. In order to warrant the issuance of a writ of ne...


Court: Supreme Court of Pennsylvania.
Date: May 2, 1958 Cited By: 9 Coram: 1
12

..., Lorenz, seeking declaratory relief allegedly under Ch. 742, Fla. Stat., F.S.A. Ancillary to these proceedings, the chancellor issued a writ of ne exeat, conditioned upon a bond of...to the institution of the aforesaid chancery proceedings and the issuance of the writ of ne exeat, the appellee, Jimenez, [who was the subject of an extradition proceeding instituted by the Venezuelan...; 22 C.J.S. Criminal Law § 145, p. 388. Subsequent to the issuance of the writ of ne exeat and the sheriff having returned service thereon, the United States Government demanded the...


Court: District Court of Appeal of Florida, Third District.
Date: Aug 15, 1963 Cited By: 2 Coram: 1
13

.... Proceeding by wife for citation in contempt and for forfeiture of bond on ne exeat. The Superior Court, Maricopa County, Cause No. 64183, Kenneth C. Chatwin, J., entered judgment against sureties on bond and they appealed. The Court of Appeals, Cameron, J., held that that where there was concurrence of alimony and support due and owing and an intent by husband to leave court's jurisdiction, writ of...ne exeat was properly issued and that upon forfeiture of bond when husband left jurisdiction amount due and owing for alimony, support cost and attorney's fees at time writ was...are called upon to determine the existence and nature of a writ of ne exeat under the constitution and laws of the State of Arizona and to interpret the effect of a bond in the amount of $1,000 given...


Court: Court of Appeals of Arizona.
Date: Sep 29, 1965 Cited By: 8
14

...counsel. 1. NE EXEAT, § 1 — nature and occasion for writ. Writ of ne...decree of court, but it is remedy of great severity and is applied to private Tights with caution, and to warrant issuance of writ there must be probable or threatened departure of defendant from State or county with intent to evade jurisdiction (Ill. Rev. Stat. 1941, pars. 1, 5, 8, ch. 97; Jones Ill. Stats. Ann. 109.439, 109.442, 109.445). See Callaghan's Illinois Digest, same topic and section number. 2. NE EXEAT, § 5fn_...bond to obtain writ. Where writ of ne exeat republica was issued and plaintiff was allowed to post personal bond in sum of $100 without surety, held...


Court: Appellate Court of Illinois, First District.
Date: Jun 24, 1942 Cited By: 6 Coram: 1
15

...from the interlocutory orders and the final judgment so entered. The point for determination is whether the ne exeat bond did more than bind Robert A. Buonanno to appear at the next regular or special term of the Circuit Court in response to the writ of...against him. The pertinent part of the ne exeat bond is as follows: "The condition of this obligation is such that if the said Robert A. Buonanno shall appear at the next regular or special term of the Circuit Court of Broward County to be held in and for said County to answer writ of...ne exeat and shall appear from day to day and term to term of said Court and not depart the same without leave, then this obligation to be void, else to remain in full force and virtue." The pertinent part of the writ of...


Court: Supreme Court of Florida, Division A.
Date: Oct 19, 1948 Cited By: 4 Coram: 1
16

...the application of the plaintiff, the Court issued the writ of ne exeat, commanding the Sheriff to arrest said John W. and Mary A., and keep them in his custody, unless they gave bail in the...petitioners were arrested and are now held in custody by the Sheriff by virtue of a writ of ne exeat issued by the District Court..., that the power to issue the writ of ne exeat is preserved by the last clause of the fifth subdivision of the fifty-seventh section of...


Court: Supreme Court of California
Date: Jan 1, 1875 Cited By: 1
17

...substitute for the old writ of ne exeat which cannot be definitely traced to its source (Story Eq. Juris. 1464 et seq.; 11 Kent Com. 31; Beames Ne Exeat Regno) and is interesting only in this state as illustrating the cases in which it was resorted to and the tenacity with which a learned profession clings to ancient procedure. The writ was not abolished until 1876 when the first part of the...of Civil Procedure was adopted (§ 548). There are other writs in the Code of Civil Procedure just as antique in their procedure as the writ of ne exeat and yet they are continued from year to year and...survive in the proposed revision of the Code of Civil Procedure with only a change in name to plague the practice of the law. Relief under section 550 like that under the old writ of ne exeat is in...


Court: Supreme Court, Monroe Special Term
Date: Feb 1, 1921 Cited By: 1 Coram: 1
18

...quashing writ of ne exeat. Edwards Angell, for complainant. Albert Gerald, of counsel.... Bassett Raymond, Irving Champlin and James Harris, for respondent George R. McAuslan. (1) Ne Exeat. Requisites of Affidavits. Bonds Pending Appeal. Upon petition for discharge of a writ of...to abide the decree was not such an order, and the affidavits filed at the hearing being insufficient for the purpose of a new application for a writ of ne exeat, the respondent was improperly...


Court: Supreme Court of Rhode Island.
Date: Apr 21, 1909 Cited By: 2 Coram: 1
19

...attorneys' fees in the sum of $3,000; and entering a rule on defendant to show cause why he should not be held in contempt. The order overruled a previous motion made by defendant to quash the writ of ne exeat theretofore...at the time of this hearing was 22 years of age, and Gerald, 18 years. On August 19, 1949, plaintiff filed a petition in the original separate maintenance action for a writ of ne exeat. The...the writ. Defendant filed an answer to the petition for ne exeat and, later, a motion to quash the writ of ne exeat. In the petition for the rule to show cause, plaintiff repeated the...


Court: Appellate Court of Illinois.
Date: Jun 1, 1951 Cited By: 6 Coram: 1
20

..., and out of the jurisdiction of the court, by writ of ne exeat, issued under its seal and by its order. A writ of ne exeat was ordered to be issued, August 22...signed the following agreement: "In the above-entitled case it is agreed that said Thomas C. Durant shall file a bond, with surety in the penalty marked in the writ of ne exeat therein, to abide...and perform the orders and decrees of the court in said cause, and that thereupon the writ of ne exeat aforesaid shall be discharged, and that the court may enter decree accordingly." The court...


Court: U.S. Supreme Court
Date: May 25, 1891 Cited By: 72 Coram: 1

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