Nature of Ne Exeat; When Granted

  1. Law
  2. Georgia Code
  3. Equity
  4. Equitable Remedies and Proceedings Generally
  5. Ne Exeat
  6. Nature of Ne Exeat; When Granted

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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:

  1. 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;
  2. Against persons illegally removing the property of a decedent or of a minor, at the instance of any person interested therein, or of a next friend of the minor;
  3. At the instance of a remainderman or reversioner against anyone attempting to remove the property in which the remainder or reversion exists or may contingently exist;
  4. At the instance of a mortgagee against a person holding the equity of redemption;
  5. At the instance of any person interested legally or equitably in property about to be removed, where no adequate remedy is afforded at law.

(Laws 1814, Cobb's 1851 Digest, p. 526; Code 1863, § 3147; Code 1868, § 3159; Code 1873, § 3226; Code 1882, § 3226; Civil Code 1895, § 4886; Civil Code 1910, § 5459; Code 1933, § 37-1401.)

RESEARCH REFERENCES

18A Am. Jur. Pleading and Practice Forms, Ne Exeat, § 1 et seq.

C.J.S.

- 65 C.J.S., Ne Exeat, § 1 et seq.

ALR.

- Power to issue writ of ne exeat to prevent decree for alimony from becoming ineffective, 8 A.L.R. 327.

Rights and remedies against mortgagee under deed intended as a mortgage, who defeats or impairs equity of redemption by conveying or encumbering property, 46 A.L.R. 1089.


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