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WALKER v. GIBBS

2 U.S. 211 (____)

2 Dall. 211

WALKER et al. versus GIBBS et al. Garnishees.

Supreme Court of United States.

Attorney(s) appearing for the Case

The questions arising upon these facts were submitted to the Court, upon a motion to quash the Scire Facias, which was argued by Cox, Rawle, and Dallas, for the garnishees; and by Ingersoll, Lewis and McKean, for the plaintiffs.

BY THE COURT: — This Scire Facias is issued to revive and effectuate a judgment obtained in this Court; and, therefore, is regularly instituted here. It is true, that a bond is assignable in Pennsylvania; but if the bond in question had been actually assigned, the fact might have been pleaded to the former Scire Facias. As to the question, whether the debt was liable to attachment, we have no doubt. It was debitum in presenti...

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