Page:United States Reports, Volume 2.djvu/408

1792.
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While, however, the court held the motion under advisement, it was voluntarily withdrawn, and the suit discontinued.^[1]

 

 

August Term, 1792.

 

 

The court being met, a commission, appointing Thomas Johnson one of the Justices, bearing date the 7th of November, 1791, was read; and he was qualified according to law.

 

Oswald, Administrator, versus the State of New-York:

 

Summons.⁠Ingersoll moved for a rule on the marshall of the district of New-York, to return the writ in this cause; and, after advisement, the Court granted the rule in the following terms:

Ordered, That the marshall of the New-York district return the writ to him directed in this cause, before the adjournment of this court, if a copy of this rule shall be seasonably served upon him, or his deputy, or, otherwise, on the first day of the next term. And that in case of a default, he do show cause therefor, by affidavit taken before one of the judges of the United States.

 

The State of Georgia versus Braislford, et al.

 

This was a bill in equity filed by “His Excellency Edward Telfair, Esq. governor and commander in chief in and over the state of Georgia, in behalf of the said State, complainant;” against Samuel Brailsford, Robert Wm. Powell, and John Hopton, merchants and co-partners, and James Spalding, surviving partner of Kelsall & Spalding, defendants. The bill set forth the following case:—“That on the 4th of May, 1782, the State of Georgia being then free, sovereign and independent, enacted a law entitled ‘An act for inflicting penalties on, and confiscating the estates of, such persons as are therein declared

guilty

1. But see the same suit post, and Grayson versus Virginia.