Joice v. Scales
Supreme Court of Georgia
Illegality, in Bibb Superior Court. Heard and decided by Judge Powers, May Term, 1855. William A. Joice was arrested under a capias ad satisfaciendern, issued from the Superior Court of Bibb County at the instance of J. and P. Scales.
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Illegality, in Bibb Superior Court. Heard and decided by Judge Powers, May Term, 1855. William A. Joice was arrested under a capias ad satisfaciendern, issued from the Superior Court of Bibb County at the instance of J. and P. Scales. The defendant filed an affidavit of illegality to the ca. sa. alleging that the same was proceeding against him illegally, because “ the obligation upon which said judgment is founded, was made in the State of North Carolina; and that defendant had been, by the judgment of a Court of competent jurisdiction, in that State, discharged from arrest and imprisonment…
1Opinion of the Court
By the Court.
Starnes J.
delivering the opinion.
[1.] We may safely assume, as a general principle, that the Lex loci applies only to the interpretation of contracts to *726their construction, and that the remedy on them must be prosecuted according to the laws of the country in which the .action is brought. This rule is approved by our reason; and it seems to be now regarded, generally, as the correct rule in the Courts of England and of the United States. It has the sanction of learned Jurists in other countries, as is shown by Judge Story, in his Conflict of Laws, §§573, 574. (See, also, 2 Kent…
2Cases cited3 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- James v. AllenSupreme Court of the United States · 1786
- Whittemore v. AdamsNew York Supreme Court · 1824
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- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Fed. Ins. Co. v. NAT. DISTRIBUTING CO. INC.Court of Appeals of Georgia · 1992
- General Electric Credit Corp. v. Home Indemnity Co.Court of Appeals of Georgia · 1983
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Pratt v. SloanCourt of Appeals of Georgia · 1930
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