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.
Section: 23-3-20 23-3-21 23-3-22 23-3-23 23-3-24 23-3-25 NextLast modified: October 14, 2016