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Spalding; but I shall give my opinion, on the present motion, detached from every previous consideration of the merits of the cause.

The debt claimed by the plaintiffs below, was, likewise, claimed by the State of Georgia. The State applied to be admitted to assert her claim, but the application was rejected; nor has any writ of error been instituted upon the judgment. These facts, however, are only mentioned to introduce this remark, that the Circuit court could not, with propriety, sustain the application of Georgia; because, whenever a State is a party, the Supreme court has exclusive jurisdiction of the suit; and her right cannot be effectually supported, by a voluntary appearance, before any other tribunal of the Union. Not being a party, nor capable of resorting as a party, to the Circuit court, it is very much to be questioned whether the State could bring a writ of error on the judgment there, even if her claim appeared on the record.

Every principle of law, justice, and honor, however, seem to require, that the claim of the State of Georgia should not be, indirectly, decided, or defeated, by a judgment pronounced between parties, over whom she had no coutroul, and upon a trial, in which she was not allowed to be heard. If, indeed, the court could not devise a mode, for admitting a fair investigation and determination upon that claim, it would be useless to grant an injunction: But I think a mode may easily be proscribed, in strict conformity with the practice and principles of equity.

It was in the power of the defendant in the Circuit court, to have filed a bill of interpleader, in order, for his own safety, to settle the rights of the contending parties; but neither in that form, nor by instituting a suit herself, could Georgia have derived the benefit of supporting her claim in her own way, before any other than the Supreme court. In this court, therefore, we ought now to place the State upon the same footing, as if a bill of interpleader had been regularly filed here; which can be done by sustaining the present suit; and when the parties are all before us, we may direct a proper issue to be formed, and tried at the bar. Thus, justice will be done to Georgia, and an irreparable injury may be prevented; while the adverse party, even if he ultimately succeeds, can only complain of a short delay.

With this view, I think, that an injunction should be awarded to stay the money in the hands of the marshall, till this court shall make a further order on the subject.

, Justice.The State of Georgia seems to have done all that she could to obtain a hearing. An application was made to the Circuit court, in the nature of a claim to interplead; but being refused, her alternative, under all the circumstances of the case, is an appeal to the equitable jurisdiction of the Supreme court.