Opinion
40767.
DECIDED JUNE 23, 1964.
Petition to forfeit bond. DeKalb Superior Court. Before Judge Guess.
Zachary Hunter, W. E. Zachary, Thomas W. Elliott, for plaintiff in error.
Llop Long, Nick Long, Jr., contra.
The condition in a ne exeat bond in an alimony proceeding is that the principal shall not absent himself from the jurisdiction of the court. Swain v. Jaudon, 147 Ga. 773 ( 95 S.E. 696); Westbrook v. Westbrook, 105 Ga. App. 67 ( 123 S.E.2d 348). Therefore, a petition to forfeit such a bond which does not allege that the principal has absented himself from the jurisdiction of the court is defective and subject to general demurrer.
The court erred in overruling the general demurrer to the petition. The judgment of the court forfeiting the bond was rendered nugatory by the erroneous overruling of the general demurrer to the petition.
Judgment reversed. Frankum and Pannell, JJ., concur.