McElmoyle Ex Rel. Bailey v. Cohen
Supreme Court of the United States
ON a certificate of division between the judges of the sixth Circuit Court of the United States for the district of Georgia.
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ON a certificate of division between the judges of the sixth Circuit Court of the United States for the district of Georgia. William .M'Elmoyle, a citizen of the state of South Carolina, suing for the use of Isaac S. Bailey, also a citizen of that state, presented a petition in 1835 to the Circuit Court of the United States, for the. district of Georgia, stating that Levy Florence had died intestate; and having before his. death resided in the state of South Carolina, he had obtained a judgment against him in the Court of Commop Pleas for the city of.. Charleston, for $968 -7, on a promissory…
1Opinion of the CourtJustice Wayne
This cause has been brought to this Court, upon a certificate- of division of opinion between the judges, of the sixth Circuit Court, upon the following points.
1. Whether, the statute of limitations of Georgia can be pleaded to an action in that state, founded upon a judgment rendered in the state of South Carolina?
- 2: Whether; in the administration of assets in Georgia, a judgment rendered in South Carolina, upon a promissory note against the intestate, when in life, should be paid in preference to simple contract debts ?
Upon .neither of these points does the Court entertain a doubt.
Upon…
2Cases cited2 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
3Cited by321 opinions
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- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Hilton v. GuyotSupreme Court of the United States · 1895
- Williams v. North CarolinaSupreme Court of the United States · 1945
- Huntington v. AttrillSupreme Court of the United States · 1892
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