Page:United States Reports, Volume 1.djvu/275

264 

1788.

be an inhabitant, or hath for fometime had his refidence had his refidence within this province;’’ in which cafe, a like fummons and copy of the declaration fhall be left at his laft place of abode 14 days before the Court. The principal fhall be received to defend the fuit, “ and an imparlance fhall be granted at two terms fucceffively, and at the 3d term, without good caufe the action fhall be tried;” and, if Judgment be rendered for the Plaintiff, all the goods, effects, or credits of fuch abfent or abfconding perfon in the hands of fuch attorney &c. at the time of being ferved with the fummons to the value of fuch Judgment (if fo much there be)  fhall be liable and fubjected to the execution granted upon such Judgment for or towards fatisfying the fame &c. ‘‘ Sect. 4. provides, that, if the attorney &c. fummoned fhall come in the firʃt term and fwear that he has no effects, the Plaintiff fhall be nonfuited with cofts.’’ Sect. 8. “ Any abfconding or abfent

‘‘ perfon againft whom Judgment fhall be recovered as aforefaid,

‘‘ fhall be entitled to a review of the fame at any time within

‘‘ three years after fuch recovery.”

M‘KEAN, Chieƒ Juʃtice. – This is a proceeding in rem, and ought not certainly to be extended further than the property attached. If that is fufficient to fatisfy the Plaintiff, he has done well to fecure himfelf ; but in the prefent action the Judgment obtained in Maʃʃachuʃetts cannot be confidered as conclufive evidence of the debt, and, therefore, the Defendant ought ftill to be at liberty to controvert and deny it. The articles of Confederation muft not be conftrued to work fuch evident mifchief and injuftice, as are contained in the doctrine, urged for the Plaintiff.

RUSH, Juʃtice.– If this Judgment were as conclufive as the Plaintiff contends, might he not iffue an execution at once? But I am likewife of opinion, that it is examinable in the prefent action.

BRYAN,Juʃtice.– By the very words of the Maʃʃachuʃetts act, it is declared, that the judgment and execution in a Foreign attachment, fhall only go againft the goods attached.

ATLER,Juʃtice.– Concurred.

The accuracy of this decision will appear from the Journals of Congreſs, of the 12 of January 1777, when that honorable body was considering certain articles which were propoſed to be added to the Confederation. In the clause, that "full faith and credit shall be given in each of theſe States to the records, acts, and judicial proceedings of the Courts and Magistrates of every other State", it was moved to add,  and an action of debt may be commenced in a Court of law of any State for the recovery of a debt due on a judgment of any Court in any other State; provided the judgment creditor shall give bond with sufficient sureties before the said Court, in which the action shall be brought, to answer in damages to the adverse party, in case the original judgment shall be afterwards revised and set aside, and provided the party against whom such judgment may  have been obtained had notice in fact of the service of the original writ upon which such judgment shall be founded." But his motion was rejected.
 * – The Judgment obtained in the Court of the State of Maʃʃachuʃetts, in a Foreign attachment, between the fame parties, is not concluʃive evidence,  in this caufe, of the debt claimed by the Plaintiff.  WALTON