Brayton v. Smith

Citations

• 6 Paige Ch. 489
• 1837 N.Y. LEXIS 282
• 1837 N.Y. Misc. LEXIS 67

Syllabus

<p>The sheriff is answerable for the sufficiency of the sureties which he takes upon a writ of ne exeat. But where he has taken bail upon the writ, it the defendant leaves the state, the court wilt allow the sheriff a reasonable time to produce the defendant; or, in case he cannot be produced, will allow a reasonable time to the sheriff to prosecute the bond and to recover the amount which the sheriff is ordered to pay.</p> <p>Where the defendant in a ne exeat cannot procure such security as will satisfy the sheriff, or if he wishes to leave the state before the termination of the suit, his proper course is to apply to the court to discharge the writ of ne exeat, upon his giving sufficient security to answer the complainant’s hill and to render himself amenable to the process of the court during the progress of the suit, and such as may be issued to compel the performance of the final decree. And upon such application, the court will take such security as it may deem sufficient, and will discharge the sheriff from liability.</p>