Georgia v. Brailsford (2 U.S. 415)/Opinion of the Court
Jay, Chief Justice.All the Court, except the Judges who have just delivered their sentiments, are of opinion, that, if the State of Georgia has a right to the debt, due originally from Spalding to Brailsford, it is a right to be pursued at common law.
The bill, however, was founded in the highest equity; and the ground of equity for granting an injunction continues the same—namely, that the money ought to be kept for the party to whom it belongs. We shall, therefore, continue the injunction ’till the next Term; when, however, if Georgia has not instituted her action at common law, it will be dissolved.[1]
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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- ↑ An amicable action was accordingly entered and tried at the bar of the Supreme Court, in February Term 1794, (see 3 Vol. p. 1.) when a verdict was given for the Defendant (Brailsford) and the injunction was, of course, dissolved.