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Page:United States Reports, Volume 2.djvu/414

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4o8_ _ Cases ruled and adjudged in the · rqgz. circumitances of the cafe, I have no objeélion to retain the mo- vvv ney within the power of the court, ’till we can better fatisfy ourfelves both as to the remedy and the right. Cusumc, jiyiice. The Judicial act exprefslydeclarea, that •* {nits in equity {hall not be fultained, in either of thecourta of the United States, in any cafe where plain, adequate, and complete remedy may be had at law." Now, if Georgia has any right to the debt in quelkion, it is a right at law, for which, of courfe, the law will furnilh a plain, adequate, and complete remedy. The deciiion of the Circuit court, in 2 cafe to which Georgia was neither party nor privy, did not, and could not, take away either the right or the remedy of the State. Nor ‘ can Spalding, the defendant below, be made liable twice, for the fame debt, without his wilful Iaebe:. For, it is in his power to bring a writ of error; and then the whole merits ofthe claim of Georgia appearing on the record, we mult decide it as a quel'- tion of law, either by aiiirming or reverling the judgment, fo as to bind us in any fuit, which Georgia might inilitute for the fame caufe. Belides, the State of Georgia (notwithllanding the judgment of the Circuit court) may bring an action of indebitatu: againlt Brailrjord (who is a man of fortune), after the have received the money, upon the principle of MW: 11;;/ue 11'Fan loud, and with llronger reafon; as in that ca e the 'parq ties, in both courts, were the fame; but, in the cafe propofed, they would be different, and one of them has never been heard. In fome form, therefore, Georgia may obtain compleat redrefs at law. I do not, upon the whole, conlider the refufal of Spalding to bring a writ of error (which he is not compellable to bring) nor any other fuggeltion in the bill, as a fuilicient foundation for exerciling the equitable jurifdiétion of the court; and, confequently, I think that an injunétion ought not to be awarded. ]n, Chief _7q/lice. My iirit ideas were unfavorable to the · motion; but many rcafons have been urged, which operate for- cibly to produce a change of opinion. '1`he great queliion turns on the property of a certain bond ;-whether it belongs to Brailwrd, or to Georgia ? It is put in fuit by Brailrford; but if Georgia, by virtue of the conlifcation aét, is reali entitled to the debt, {he is entitled to the money, though the evidence of the debt happened to be in the polfeflion of Brailyord, and though Bmi.lg/brd has, by that means, obtained a judgment for the amount. Then the only point to be conlidered is-whether, under thefc circumitances, it is DOI equitable to {tay the money in the hands