Page:United States Reports, Volume 2.djvu/424
418 Cases ruled and adjudged in the tygg. Court; but a doubt hasjufk occurred, which I think it my du• V*’V ty to declare. Ido not conceive, indeed, that any judgment, can be bind- ing upon the rights and interefls of a third perfon, who is not a party to the fuit. '1`he very nature of a bill of Interpleader pre-fuppofes, that the party by whom it is exhibited, would be liablea fecond time, if he lhould either voluntarily, orother- wife, pay the money which he owes, to a wrong claimant. A judgment would not, therefore, in `fuch a cafe, be a bar to the aélion of the claimant, who is lggally entitled ; and who might either bring Detinue, or Traver, or the bond, againll: the poll feffor of it; or if he inllituted an a&ion of debt a infl: the obligor, the Court might on a proper hearing, order ge in{lru• ment tolie delivered into his hands. _ . Prefuming, then, that there was a remedy at law, I have hi• therto thought that there was no ground for the interference of this Court, as a Court of Equity. But, upon relleélion, it ap- pears, that if Brailrjird, who is a Brityb fubjeel, fhould get the money, under the prefent judgment, and leave the country, there would be great danger of a failure of jnllice. It was for thisreafon, that the Injunélion was originally granted ; and I thinlt the reafon ought to carry us llill farther. Admittin that Gmgia has a complete remedy at law; her right, though not fupported by herfelf, has been fiaterl to the Circuit Court; and though the judgment in that cafe is not binding upon her, yet, in any future fuit brought by her againfl: Spalding. who is bound bythe judgment, a limilar difficulty will arile ; fur, the Court would then be called upon to decide, in the abfence of Brailyird (who could not be a party to the common law fuit) upon his claim, as well as upon the claim of Georgia. Since, therefore, there is no other Court, that can bring all the parties before them, and do general and complete jufliee, it is my opinion, that the bill in equity ought to be fuftained ; and that the fubjeél fhould be no further referred to a Court of i law, than tn obtain an opinion upon the legal title tothe debt in 4 _ controverfy. . ` ju, (ibiif _7ryIirz·. All the Court, except the judges who have jull delivered their fentiments, are of opinion, that, if the State of Georgia has a right to the debt, due originally from ppalding to Brailrford, it is a right to be purfued at common aw. . 'l`he bill, however, was founded in the highcd; equity ; and the ground of equity for granting an injunélion continues thc finncs-namely, that the money ought to be kept for the party to
