Bank of Columbia v. Sweeny
Supreme Court of the United States
Messrs. Jónos and Key, moved t.he Court for a mandamus Xa-be directed to the. Circuit Court of the United States, for the county of Washington, in the District of Columbia; command-..' ing them to have a certain issue -joined,-which issue had been tendered in á proceeding in that Court against Géptge Sweeny,, and in'which the Bank ofColumbia were', plaintiffs. '-George-Sweeny being indebted to the Bank of Columbia,.upon a,pro--missory note, the President of the bank, in…
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Messrs. Jónos and Key, moved t.he Court for a mandamus Xa-be directed to the. Circuit Court of the United States, for the county of Washington, in the District of Columbia; command-..' ing them to have a certain issue -joined,-which issue had been tendered in á proceeding in that Court against Géptge Sweeny,, and in'which the Bank ofColumbia were', plaintiffs. '-George-Sweeny being indebted to the Bank of Columbia,.upon a,pro--missory note, the President of the bank, in conformity with the provisions of the statute of Maryland,- incorporating .the bank, • passed iml793, (Acts of 1793, voh…
1Opinion of the Court
Mr. Chief Justice Marshall,,
delivered the opinion of the Court.&emdash;
This case arose under the provision oLihe Act of the legislature of Maryland incorporating the Bank of Columbia, which authorizes summary process for the collection of debts due to the bank. That Act allows an execution against the person of the debtor, to issue in the first instance, upon the application of the president of the bank; but'it also authorizes the'Court,, if Upon the return of the execution the defendant‘s dispute the debt,” to order án issue to be made up', &c. to try the action.
In tlie present case, the…
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