McCarty v. Nixon

Decided June 15, 1784

Supreme Court of the United States · decided 1784-06-15

This action was commenced returnable to the ensuing term, and now, August 6th, previous to the return of the writ, the plaintiff moves for a special court, under the new act, for granting special courts to plaintiffs.

Good law ✅— No negative treatment on recordhow we know

Decided 1784-06-15

How this case has been cited

Cited by 8 later decisions (5 by the Supreme Court) — most recently May 2019

2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court

¶1denied the motion, the defendant not being in court, nor the action depending for this purpose, till bail filed, or an appearance entered.

¶2Ingersoll in arguing on the expression in the last act, "action depending," took this distinction-Where the original writ is purchased out of Chancery, the suit cannot be said to be depending until the return; because the writ gives the jurisdiction, and before the return, the court does not know the cause.-This is the case *78in the Common Pleas in England—But where the original writ issues out of the court, returnable into the same court, as was the *79case in the star-chamber, and is the case in this court, there it is lis pendens from the purchase of the writ—To this purpose he *80cited 15 Vin. Abr. 127. pl. 3. 5. 6. 8. Cro. Eliz. 675. 5 Rep. 47. 48. a. 1 Vern. 318. 3 Black. Comm. 316. See 10 Vin. Abr. 498. pl.