
    VANDEN BYLANDT v. VANDEN BYLANDT.
    1. The affidavit on which the application for a ne exeat wag made in » divorce case, was made before the petition for divorce was filed.
    2. Ne exeat denied. The proper course stated.
    On petition for divorce from bed and board, for cruel treatment, and stating that the husband designs quickly to leave the state without making any provision for the support of the petitioner, and praying a ne exeat. The usual affidavit on petitions for divorce is subjoined to the petition, and was made November 12th, -1846. Annexed to the petition is an affidavit of one Romein, showing the intention of the husband to leave the state and abandon the petitioner. His affidavit is also made November 12th, 1846. The petition had not been filed on the same day.
    
      G. S. Van Wagener, for the petitioner, moved for a ne exeat.
    
   The Chancellor.

It would be irregular to grant the ne exeat under these circumstances. There was no cause or proceeding in court respecting the subject of the affidavit made by Romein when it was made. 1 Beat. 327.

The proper course is to file the bill or petition for divorce, and after that to file a petition for the ne exeat, supported by the necessary affidavit, sworn subsequently to the filing of th© bill.

Motion denied.  