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3 S.C.L. 402

Sinclair v. Smyth

Supreme Court of South Carolina

Decided May 15, 1804

Supreme Court of South Carolina · decided 1804-05-15

This was a summary process, tried in Charleston, in May, 1803:, before Bay, J. who decreed for the plaintiff, subject to the opinion of this court upon the question, whether the defendant, against whom a commission of bankruptcy bad been sued out, after the cause of action in this case had accrued, under the act. of congress, of 1800, was intiiled to a discharge from the demand, and protected from the action of the plaintiff in this case, under the circumstances of the case.

Decided 1804-05-15

The court

¶1were of opinion, that as it appeared that the bankrupt’s certificate had been allowed by competent authority, whether the allowance thereof was in strict conformity to the act of-congress or not, was not examinable in this court, as it has no controlling power over the federal courts.

¶2Decision reversed.

Present, Grimke, Johnson, Trezevant, and Brevard, Justices ; Bay, J. absent.
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