Kunckel v. Baker

by Supreme Court of the United States

KUNCKELet al. verʃus BAKER.

T

HIS was an application for a fpecial Court, founded on the act paffed the 10th oƒ April 1782. Kunckel, the petitioner, fet forth in his affidavit, that one of the plaintiff's Boom, with whom he had been in partnerfhip had diffolved thier connection fince the commencement of the action, and that the outftanding debts had been afigned to Kunckel, fo as to veft in him the whole intereft in the event of the action. It was alfo ftated that Kuncke was about to depart from the United States; but that Boom had no fuch intention.

The Attorney General,, for the defendant, objected, that, by thus affigning the intereft in an action to a going foreigner, a fpecial Court, and an early judgment, might always be within reach, to the prejudice not only of the defendants but of other creditors. And upon this ground the court unanimoufly refufed the prayer of the petition.

The plaintiff's counfel then moved, that he ought not to be deprived of his bail by his application ; which, requiring a declaration to be previoufly filed, amounted to an acceptance of a common appearance.

In the juftice of this moton, the court concurred, and accordingly directed a rule to be entered, that the defendant give bail in two months, or a Procedento.

Rawls for the plaintiff.–Bradƒord for the defendant.