PHELPS v. HOLKER


1 U.S. 261 (1788)

1 Dall. 261

PHELPS et al. versus HOLKER et al.

Supreme Court of United States.


Attorney(s) appearing for the Case

Ingersoll, for the Plaintiff. —

Bowie, for the Defendant. —


M`KEAN, Chief Justice.

This is a proceeding in rem, and ought not certainly to be extended further than the property attached. If that is sufficient to satisfy the Plaintiff, he has done well to secure himself; but in the present action the Judgment obtained in Massachusetts cannot be considered as conclusive evidence of the debt, and, therefore, the Defendant ought still to be at liberty to controvert and deny it. The articles...

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