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2 U.S. 256

Harris v. Mandeville

Supreme Court of the United States

Decided January 1, 1796

Supreme Court of the United States · decided 1796

THE plaintiff and defendant were both British subjects; the debt, for which the present action was brought, had been contracted in England and the defendant, before the suit was instituted, had obtained his certificate under a commission of bankrupt issued against him in that country. Under these circumstances, Heatly obtained a rule to shew cause why an exoneretur should not be entered on the bail piece; and in support of the rule cited 4 Term. Ref. 182. Co. Bank. Law. 497.

Decided 1796

¶1THE plaintiff and defendant were both British subjects; the debt, for which the present action was brought, had been contracted in England and the defendant, before the suit was instituted, had obtained his certificate under a commission of bankrupt issued against him in that country.

¶2Under these circumstances, Heatly obtained a rule to shew cause why an exoneretur should not be entered on the bail piece; and in support of the rule cited 4 Term. Ref. 182. Co. Bank. Law. 497.

¶3Tilghman declined opposing the rule, being of opinion, that between British subjects, the proceedings under a British commission of bankrupts must be valid and obligatory. He said, that it had been so decided by Iredell, Justice, in the Circuit Court, for the District of Massachusetts;*but, at the same time, *257the Judge had judicially circumscribed the operation of a certificate under the Pennsylvania bankrupt law, within the limits of the State.

¶5By the Court:

¶6—Let the rule be made absolute.

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