Ross v. Clarke

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United States Reports, Volume 1 {1 Dall.}
Supreme Court of the United States
1406105United States Reports, Volume 1 {1 Dall.}Supreme Court of the United States

ROSS verʃus CLARKE.

F

OREIGN attachment.–Clarke, the Defendant in this cafe, had obtained judgment upon a ʃcire ƒacias againft Roʃs, the Plaintiff, as fpecial bail of one Munro; and a flay of proceedings as entered until the enfuing term, when Roʃs was to pay the money recovered into Court, it before that time the original debtor has not fatisfied the debt. The ftay being elapfed, Roʃs paid the money, out, upon an apprehenfion that payment might have been made by Munro, though no accounts were received of it, he immediately iffued this ƒoreign attachment againft Clarke, and laid it in the hands of the Prothonotary.
1788.

On a rule to fhew caufe why the writ fhould not be quafhed, Moylan contended, that foreign attachments might be laid in any hands whatfoever; that in England they iffued out of an inferior Court, and, therefore, could not call money from a fuperior jurifdiction ; but that this reafon, which governed all the adverfe cafes determined there, did not apply under the law or practice of Pennʃylvania.

Cox, in fupport of the rule, obferved, that there are many inftances where attachments would not lie, befides the one mentioned by his opponent. A debt due by recovery on record, cannot be attached ; nor goods levied in execution by ƒieri ƒacias. Com. Dig. 424. nor property of a fovereign ftate: Nathan verƒus Virginia ant. 77. in not. But, he contended, that the mifchief would be intolerable, it the effects of one fuit could be thus drawn into perpetual litigation by another.

by the court.–The money is to be confidered in the fame ftate, as if it had been paid into the hands of the Sheriff. It a proceeding of this kind were allowed, there could be no end to fuits. We are unanimoufly of opinion, that the foreign attachment has iffued irregularly and ought to be quafhed.

The rule made abfolute.