James v. Allen
Pennsylvania Court of Common Pleas, Philadelphia County
The case was this : — The plaintiffs and the defendant had been concerned together in trade ; and upon settling their accounts, a considerable balance appeared against Allen, for the recovery of which an action was brought in the state of New Jersey, in May 1782 ; and judgment was therein obtained in November following, when a fi.fa. issued, and on return of nulla bona to that writ, a ca. sa. was sued out, returnable to May 1783. In the meantime, 'the defendant, on the 27th…
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The case was this : — The plaintiffs and the defendant had been concerned together in trade ; and upon settling their accounts, a considerable balance appeared against Allen, for the recovery of which an action was brought in the state of New Jersey, in May 1782 ; and judgment was therein obtained in November following, when a fi.fa. issued, and on return of nulla bona to that writ, a ca. sa. was sued out, returnable to May 1783. In the meantime, 'the defendant, on the 27th of April 1783, was arrested in Pennsylvania for the same debt, and gave bail; but, on his return to New Jersey, he was *…
1Opinion of the Court
*Shippen, President.
This is a motion, in effect, to discharge the defendant from execution, on the ground of his having been confined by a ca. sa. for the same debt, in the state of New Jersey, and there discharged as an insolvent debtor, by virtue of an act of assembly of that state: and the question is, whether the discharge of his person from imprisonment there, will entitle him to a like discharge here ?
It is contended, that the decisions of even foreign courts of justice, shall have a binding force here ; and that in the situation in which we stand with regard to New Jersey, a sister…
2Cases cited3 opinions
- Smith v. BrownSupreme Court of Pennsylvania · 1810
- Walsh v. NourseSupreme Court of Pennsylvania · 1813
- Hay v. NodeSupreme Court of Pennsylvania · 1800