Reports of Cases Adjudged in the Circuit Court of the United States for the Third Circuit

Reports of Cases Adjudged in the Circuit Court of the United States for the Third Circuit

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1801 edition. Excerpt: ...714. On the fourth point, as to the operation of the Maryland discharge, he admitted the law was settled in Pennsylvania as it had been laid down by the counsel against him; but insisted that the decision was erroneous, and ought not to be adopted but on more solemn argument on a proper plea. Griffith, Judge, after stating the cafe (ut supra) said--The first two grounds on which the motion goes, rests on the assumption that the defendant is not within the jurisdiclion of tloe court. If we discharge him on common bail for this, it must be on the precise question of jurisdiclion; we must say that it appears to us he was a citizen cf Pennsylvania on.the 29th "January 1801, or, that this is a.cafe within the 1 ithsec. of the act of Congress passed the 24th September 1789, which enacts, " That no District or "Circuif Court shall have cognizance of any suit to "recover the contents of any promissory note, or "other chose in action, in favour of an assignee, "unless a suit might have been prosecuted in such ' court to recover the said contents, if no assignment Kftox &co. "had been made, except in cafes of foreign bills of '--!v Prima fade, the plaintiffs' right to bail must be admitted; no pretence of actual satisfaction is set up, and they hold the securities which are evidence of a subsisting debt. An application for a discharge on the head of jurisdiction, presents no equity, no merits; to the purpose of this motion it admits the demand; but fays, this court ought not to try it, or enforce payment. If we discharge the defendant on a common appearance, we do, in effect, decide the main question between the parties as to, the remedy in this court, against the plaintiffs.. Possibly, a plaintiff might be held to...show more

Product details

  • Paperback | 72 pages
  • 189 x 246 x 4mm | 145g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123660993X
  • 9781236609939