Magniac Company v. Thomson

THIS was an appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania, sitting as a court of equity.

Magniac & Company, being English subjects, had two judgments against Thomson, one in the Circuit Court of the United States for Pennsylvania, in 1827, and the other in the Circuit Court for New Jersey, in 1829.

On the 1st April, 1829, the appellants sued out a writ of capias ad satisfaciendum on the judgment in the Circuit Court of the United States for the Eastern District of Pennsylvania to April session, 1829, to which the marshal, on the 8th April, 1830, returned non est inventus, and on the same day an alias capias ad satisfaciendum was sued out to April session, 1830, Number 9, to which on the 12th April, 1830, the marshal made return of 'C. C. and enlarged by agreement of plaintiff's attorney.'

The appellee was discharged out of custody by the consent of the plaintiffs in the judgment, under the following agreement, viz.

Magniac v. ''Thomson. No. 18, Circuit Court of the United States, Pennsylvania District, October'', 1826.

Defendant having been taken by ca. sa. in this suit, at his instance it is agreed that he be set at liberty on giving security to abide the event of an issue to be formed for ascertaining, by judicial decision, whether he has the means, by the property in his marriage settlement or otherwise, of satisfying the judgment, which issue is to be formed by plaintiff's affirmance and defendant's denial of such means; both parties hereby consenting to try such issue at the ensuing session of the Circuit Court of the United States for this district, on the merits, without regard to form or to the time when the jury may be summoned; it being expressly acknowledged by defendant that this agreement is made for his accommodation, without any prejudice whatever to arise to the plaintiff's rights by the defendant's enlargement on security as aforesaid or otherwise howsoever.

April 8th, 1830.

JOHN R. THOMSON.

I hereby become answerable for the performance of the terms above stated, which I guarantee.

R. F. STOCKTON.

Witness, J. P. Norris, Jr.