Page:United States Reports, Volume 1.djvu/229

 

COMMON PLEAS, Philadelphia

County:

September Term, 1787.

HIS was a foreign attachment, in which, and in two others againft the fame Defendants for the fame caufe, a motion was made to quafh the writs. After argument, recapitulated the grounds of the motion, and delivered the opinion of the court as follows:

SHIPPEN,Preʃident.–On the hearing of this motion the Plaintiffs were called upon to fhew their caufe of action: They fhew that on the 17th of September  1783, a certain caufe, wherein Eliʃha Doane  was claimant and appellant, againft the Brigantine Suʃannah  and her cargo, and John Penhallow  and others libellants and appellees, was tried in the Court of Appeals in cafes of capture eftablifhed by Congrefs in the city of Philadelphia.  And that it was there finally adjudged and decreed by the faid Court of appeals, that the fentence or decree, given by the inferior and fuperior courts of Judicature in the State of New-Hampʃhire  in the faid caufe, fhould be revoked and annulled, and the property fpecified in the faid claim fhould be reftored to the claimant. The Plaintiffs further fhew, by depofitions, that notwithftanding this final decree of reverfal, the Defendants, although requefted, had refufed, and ftill refufe, to reftore the property fpecified in the claim of the fiad Eliʃha Doane, the faid Defendants being owners and agents of the privateer M‘Clary  which captured the faid Brigantine Suʃannah  and her cargo, but he converted and difpofed of the fame to their own ufe. Upon this ground the action is brought to recover the value of the