The writ of ne exeat shall issue to restrain a person from leaving the jurisdiction of the state. The writ may be granted in the following cases: In favor of an obligor, promisor, or partner, against his co-obligor, joint promisor, or copartner equally or partly responsible with him for any duty to be performed; Against […]
In every case of application for a writ of ne exeat, the complaining party shall show that no adequate remedy is afforded at law, and that the defendant is removing or about to remove himself, his property, or the specific property to which the complainant claims title or an interest. History. Orig. Code 1863, § […]
In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants. The judge may, in his discretion, require the complainant to give bond and security for the payment of any damages which the defendant may recover from him for obtaining the writ, before […]
The defendant may relieve himself, his property, or the specific property from the restraint imposed by giving bond in double the value of plaintiff’s claim, with good security, to the officer serving the process, for the forthcoming of each or either, according to the tenor of the writ, to answer to complainant’s claim or abide […]
If the defendant fails or refuses to replevy the property, the court may, in its discretion, make such disposition of it as shall appear most advantageous to all parties. History. Orig. Code 1863, § 3150; Code 1868, § 3162; Code 1873, § 3229; Code 1882, § 3229; Civil Code 1895, § 4889; Civil Code 1910, […]
In cases of emergency, upon the affidavit of the complainant that he cannot obtain the sanction of the judge in time to remedy the mischief, the writ of ne exeat may issue at once, to continue until the first term of the court to which it is returnable, unless earlier heard by order of the […]
