Patterson's Executors v. Bowie

District of Columbia

Patterson's Executors v. Bowie

1 D.C. 425

CourtDistrict Court, District of Columbia

DecidedJuly 15, 1807

StatusPublished

This text of 1 D.C. 425 (Patterson's Executors v. Bowie) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Patterson's Executors v. Bowie, 1 D.C. 425 (D.D.C. 1807).

Pincite

Opinion

The Court

can only require security to restrain the garnishees from paying away, &c. A judge out of court cannot make the order. The judge cannot give the marshal an alternative to take the ne exeat bond or receive the goods. The mode of restraint prescribed by the act is an exclusion of all other modes. The affidavit of Mr. Swann goes only to his belief of three facts, namely, that another bill has been filed to attach, &e., that Bowie is indebted to Ball, and that Bowie is going out of the District of Columbia. Executors and administrators only are entitled to swear to their belief.

The Court (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.

[427]*427Fitzhugh, J.,

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.

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The Court

can only require security to restrain the garnishees from paying away, &c. A judge out of court cannot make the order. The judge cannot give the marshal an alternative to take the ne exeat bond or receive the goods. The mode of restraint prescribed by the act is an exclusion of all other modes. The affidavit of Mr. Swann goes only to his belief of three facts, namely, that another bill has been filed to attach, &e., that Bowie is indebted to Ball, and that Bowie is going out of the District of Columbia. Executors and administrators only are entitled to swear to their belief.

The Court (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.

[427]*427Fitzhugh, J.,

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.

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Bluebook (online)

1 D.C. 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pattersons-executors-v-bowie-dcd-1807.