Baxley v. Linah
Supreme Court of Pennsylvania
Error to the Common Pleas of Aclams county. This was a proceeding by foreign attachment, in the name of James Baxley, for the use of David H. Thomson and J. Hamilton Groll, partners in trade, under the firm of D. H. Thomson & Co., vs. Samuel L. Linah.
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Error to the Common Pleas of Aclams county. This was a proceeding by foreign attachment, in the name of James Baxley, for the use of David H. Thomson and J. Hamilton Groll, partners in trade, under the firm of D. H. Thomson & Co., vs. Samuel L. Linah. A writ of foreign attachment in debt, on promissory note, not exceeding $800, issued out of the Court of Common Pleas of Adams county, in this case, on the 2d day of January 1847. Real debt, $473.64. Interest, from 16th Nov. 1846. On the 6th of Jan. 1847, sheriff returned that he had attached certain real estate and book-accounts, &c. of…
1Opinion of the Court
*247The opinion of the court was delivered June 2, by
Chambers, J.
The case presents the question of the character and effect of a judgment had in the State of Maryland, between the same parties, on the same cause of action, in a suit instituted before the issuing of the foreign attachment in this case, and in which the judgment so obtained in the State of Maryland is pleaded in bar. To this there was a demurrer'and a joinder in demurrer.
In considering this case, it is not deemed necessary to go beyond the constitution of the United States, the acts of Congress made in pursuance of it, and the…
2Cases cited3 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Patton v. NicholsonSupreme Court of the United States · 1818
3Cited by5 opinions
- Waggaman v. General Finance Co.Court of Appeals for the Third Circuit · 1940
- Cassidy v. Saline County BankCourt Of Appeals Of Indian Territory · 1907
- Commonwealth Ex Rel. Rogers v. DavenSuperior Court of Pennsylvania · 1929
- Lucas v. Vulcan Iron WorksDistrict Court, M.D. Pennsylvania · 1916
- Davies v. Harrison, Pennsylvania Court of Common Pleas, Philadelphia County1923