Montford v. Hunt
U.S. Circuit Court for the District of Pennsylvania
The case was as follows: The defendant recovered a judgment against the plaintiff in the circuit court for the district of Georgia, upon a promissory note given by Gibson to Young, endorsed by Young to tbe plaintiff, and by the plaintiff to tbe defendant.
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The case was as follows: The defendant recovered a judgment against the plaintiff in the circuit court for the district of Georgia, upon a promissory note given by Gibson to Young, endorsed by Young to tbe plaintiff, and by the plaintiff to tbe defendant. At the same timé, the defendant commenced an action in the state court of Pennsylvania against Young; recovered a judgment, and issued a capias ad satisfaciendum; upon which Young was taken, and afterwards discharged by the defendant from custody, upon giving to the defendant certain securities, which, however, produced no actual satisfae- ’…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The case is too clear to admit of an argument. Even if an action for money had and received, would lie, to recover back money paid under a judgment unreversed and in full force, which the court by no means admits; still, the plaintiff has selected another remedy, and another jurisdiction to try his right; and the question now submitted to this jury, is in all its parts the very same which was brought before the equity side of the circuit court for the district of Georgia, where it received a final decision. If the plaintiff, from ignorance of facts, did not state…
2Cited by1 opinion
- The United States, in Error v. Walter Jones, Administrator of Benjamin G. OrrSupreme Court of the United States · 1834