Page:United States Reports, Volume 2.djvu/408

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While, however, the court held the motion under advisement, it was voluntarily withdrawn, and the suit discontinued. 

 HE court being met, a commission, appointing one of the Justices, bearing date the 7th of November, 1791, was read; and he was qualified according to law.

 UMMONS.Ingersoll moved for a rule on the marshall of the district of New-York, to return the writ in this cause; and, after advisement, granted the rule in the following terms:

Ordered, That the marshall of the New-York district return the writ to him directed in this cause, before the adjournment of this court, if a copy of this rule shall be seasonably served upon him, or his deputy, or, otherwise, on the first day of the next term. And that in case of a default, he do show cause therefor, [sic] by affidavit taken before one of the judges of the United States.

 HIS was a bill in equity filed by “His Excellency Edward Telfair, Esq. governor and commander in chief in and over the state of Georgia, in behalf of the said State, complainant;” against ''Samuel Brailsford, Robert Wm. Powell, and John Hopton, merchants and co-partners, and James Spalding, surviving partner of Kelsall & Spalding,'' defendants. The bill set forth the following case:—“That on the 4th of May, 1782, the State of Georgia being then free, sovereign and independent, enacted a law entitled ‘An act for inflicting penalties on, and confiscating the estates of, such persons as are therein declared guilty