Page:United States Reports, Volume 2.djvu/212

, 96 Cass ruled and- adjudged in the . Tru Conn- rererfed the judgment. E39 Afterwards, Srrjrant moved for a writ of nellitutiou ; and; urgedthat it was a matter of right. 9 Vin. 589. 9o. Relti- tution is o{"duty ; that regeilitution is of hgqw replred', tre iturioninthisca wasnotneri · jerir 5 aud,in thecafeof forcible entries, itarifesonly fromg'; equitable c0¤lltu&io¤ of the llatutes. I   r4o.   64. 6;. This may hecoulidered as a fair agreement, and though ’ ‘ ite Court may not he able to fan&ion the form of the proceed- irgs, will equitably interpofe to prevent injullicc being done. of have exercifed Chancerhycpower;;°I:nd` one of the ob]e&s` is to nt availin him-. r · Hf of an unjultccaldyvmhgelinhcvfaw. Jlpgiyrd, reg. 8 Sergeant inlilled, that although this Court adopted the prin- gples ofdeeiliou, theydidnota{l`umethepowers,of the Court_ Br me Cotnr :-Execution is of ri ht 5 yet it may be, and. every dayis, withheld ou proper rcafons icing {hewn. The dc-. feudaut is in polfeion underthe agreement of the plaintili and it is fraudulent for any man to attempt to overthrow his agree- ment in this manner. Under all the circumltances of the cafe,_ wedomtthinkitproperuailheawzitofreltitution. Motion refufcdi. _ Roacrr urfu The Cornrouwsusrne. ASE. Pleas mn-npiumh and pa ent. The o inion ok C the ]udges was now delivered inygis caufe, the liaéls and principles involved in it, being {lated by the CHIEF jusrxcn as ollows. M·Knn, Cbig" jrylice. This a&ion was tried by a jury, . in lall _‘fanrury Term, and a verdiél taken for the plaintiti, for ,. {2.98 8 r no wit, [41 8 1, for an uniform {`uit of clothes, ' whichhe claimed as a grant io 1779, from the State ;.3hd£2S7 for half pay as a captain in the State-Navly, from February the rgth, 178l, until julvthe nit, r783,togcr crwirh imerett from the faid rll of july ; {`ubje& to the opinion of the Court on, two queilions {lated. rit. Whetlrer clothing received by the plaintifas an oHicer of the State-Navy, from the Commonwealth, in eonfequence of a_ R¢lu1ian of the Legillature, pa{i`ed on the 24th of Mareb, r 779 ; nr iu coniequence of an a& of the Legiflature, pailed the x{l of March, 178o, is to bc debited to the plaintiff} oaconlidered as a gratuiry, and, if debited, at what price ? ad.

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