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COURSEN v. COURSEN

105 N.J. Super. 420 (1969)

252 A.2d 738

RITA G. COURSEN, PLAINTIFF-RESPONDENT, v. ERIC B. COURSEN, DEFENDANT, EMERSON L. DARNELL, EXECUTOR OF THE ESTATE OF ALFRED E. DARNELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1969.

Attorney(s) appearing for the Case

Mr. Joseph Polino argued the cause for appellant (Mr. Emerson L. Darnell, attorney, pro se).

Mr. Henry J. Daaleman argued the cause for respondent.

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by CONFORD, S.J.A.D.

The surety on the ne exeat bond raises two principal issues on appeal. First, it was error for the trial court to refuse to discharge the bond and to order its forfeiture. Second, the court erred in ordering the penal sum to be paid to plaintiff wife in the matrimonial proceeding for application against arrearages of alimony due from defendant husband.

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