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4 Yeates 273

Downing v. Philips

Supreme Court of Pennsylvania

Decided December 15, 1805

Supreme Court of Pennsylvania · decided 1805-12-15

On a rule to shew cause why the foreign attachment issued in this suit should not be set aside, the positive affidavit of the plaintiff was shewn, that the defendant was justly indebted to him in 2711 dollars and 13 cents ; and that his place of residence was in the county of Newcastle in the state of Delaware.

Decided 1805-12-15

¶1On this statement of facts, the plaintiff’s counsel insisted, that no equity appeared in the bill exhibited to the chancellor. But the court said, it was impossible to support the attachment under the circumstances of this case.

¶2If sufficient equity was not disclosed in the bill to warrant the *chancellor’.s interposition, this court is bound to presume, that he will dissolve the injunction. The plaintiff *■ has chosen his own forum, in the first instance. He has obtained judgment, and levied his execution, which is a satisfaction in *275law. He has also ample security under the order for an injunction. To entertain this suit, would be a race for jurisdiction, highly unbecoming the relative character of the individual states of the union towards each other.

Mr. John Read, pro quer.Messrs. Ingersoll and Rodney, pro def.

¶3Attachment quashed.

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