French v. Hay
Supreme Court of the United States
The present ease was thus': On the 3d of February, 1870, that is to say, six weeks after the decree for $2389 (leaving the matter of furniture open), for rents mentioned in the former case* as having been given, 23d of December, 1869, iu the County Court of Alexandria, in favor of James French, the trustee, against Alexander Hay, the said French sent a transcript of the decree to Philadelphia, the-place of Hay’s residence, and sued Hay on it, in one of the local courts…
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The present ease was thus': On the 3d of February, 1870, that is to say, six weeks after the decree for $2389 (leaving the matter of furniture open), for rents mentioned in the former case* as having been given, 23d of December, 1869, iu the County Court of Alexandria, in favor of James French, the trustee, against Alexander Hay, the said French sent a transcript of the decree to Philadelphia, the-place of Hay’s residence, and sued Hay on it, in one of the local courts there. Hay had, two days before the transcript was sued on, that is to say on the 1st of February, 1870, made the affidavits…
1Opinion of the CourtJustice Swayne
A stronger equity can hardly exist than that which is developed in favor of the appellee in the case before us.
The order of the court below, annulling the decree upon which the suit at law in Pennsylvania was founded, was fatal to that action, and entitled Hay to a perpetual injunction, without reference to the final result of the prior case.
This bill is not an original one. It is auxiliary and dependent in its character, as much so as if it were a bill of review. ‡ The court having jurisdiction in personam, had power to require the defendant to do or to refrain from doing anything beyond the…
2Cases cited4 opinions
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Dunn v. ClarkeSupreme Court of the United States · 1834
- Dunlap v. StetsonU.S. Circuit Court for the District of Maine · 1827
- Logan v. PatrickSupreme Court of the United States · 1809
3Cited by116 opinions
- Mitchum v. FosterSupreme Court of the United States · 1972
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Lou v. BelzbergCourt of Appeals for the Ninth Circuit · 1987
- Toucey v. New York Life InsuranceSupreme Court of the United States · 1941
- Fall v. EastinSupreme Court of the United States · 1909
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