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Page:United States Reports, Volume 2.djvu/421

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Surnrus Covar of the United Sum; 41;

  • 793-

_ - v`• .F€67`lld7;7 TCIID, I Oswauz, Adminiltrator, vnfu: the S·n·rx=. of New-Yon:. ROCLAMATION was made in this caufe, “ that any 2,]] ,+4 ? perfon having authority to appear for the State of New- ` _ ori is required to appear accordingly ;" and no perfon appear- ing it was ordered, on motion of Cox: for the PlaintiilQ Br ·r1-ra Courrr :—Unlel's the State appears by the firlt day _ of next Term to the above_fu_it, or {hew caufe to the contrary, judgment will be entered by default againlt the {aid l}.ate."‘ The Srara of Geoucra vuyfw Burtsronn, etal. ILL _m rtogrrr. This caufe was again brought before ;•,_D_ 4t B · the Court, upon a motion by· Randolph, to diilolve the In- 4 juriflion, which had been ifliaed, and to difmifs the Bill.j- He I ailigned two grounds in fupport of his motion That the ll? State of Georgia had no remedy at law to recover the Debt in GD que{tion_;.and and. That even if there was a remedy at law, · there was no equitable right to juilify the prefent form of pro- ; ceeding. The motion was oppofcd by Jngeghll and Dolly; and after argument, the opinions of the judges (in the abfence i of jomzsox, yijice,) were delivered as follows. IREDELL, yzyiice. It is my misfortune to di{i`ent from the opinion entertained by the reil of the court upon the prefent occalion ; `but I am bound to decide, according to the diétntes of my own judgment. - The State of Georgia complains, that having a right to the debt in queilion, that right has been difculled and overruled without giving her an opportunity to be heard in fupport of it, though (he applied to the Circuit Court for that purpofe. It is another grievance alledged, that a VVrit of Error has not been ' · ‘ inllituted. ' See an!. p. 4or and alfa part. Chifholm, executor, verfus Georgia. Cutting, adminillratcr, vcrfus South Carolina. Grayfon _ verfua Virginia. t_Sce lamp. 402, 3 wl. ji. 1.