Georgia v. Brailsford
Supreme Court of the United States
THIS was a bill in equity filed by “ His Excellency Edward Telfair, Efq. governor and commander in chief in and over the ftaie of Georgia, in behalf of the faid State, complainant againit Samuel Brailsford, Robert Wm. Powell, and John Hopton, merchants and co-partners, and James Spalding, furvi-ving partner of Kelsall ⅛* Spalding, defendants.
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THIS was a bill in equity filed by “ His Excellency Edward Telfair, Efq. governor and commander in chief in and over the ftaie of Georgia, in behalf of the faid State, complainant againit Samuel Brailsford, Robert Wm. Powell, and John Hopton, merchants and co-partners, and James Spalding, furvi-ving partner of Kelsall ⅛* Spalding, defendants. The bill fet forth the following cafe:—“ That on the 4th of May, 1782, the State of -Georgia being then free, fovereign and independent, eriadled a law entitled. « An a£l for inflicting penalties on, and 5 confifcating the eftatesof, fuchperfons as are…
1Opinion of the Court
Johnson, fif ice.
In order to fupport a motion for an injunction, the bill Ihould fet forth a cafe of probable right, and a probable-danger that the right would be defeated, without this fpecial interpolition of the court; It does not appear to me, that the prefentbill fufficiently claims fuch an interpolition. If the State has* a right to the debt in queftion, it may be enforcedat common law, notwithftanding the judgment of the Circuit court; and there is.no fuggeftion in the bill, though it'has been fuggefted at the bar, that the State is likely to lofe her right by the infolvency either of…
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