Georgia v. Brailsford - 2 U.S. 415 (1793)
U.S. Supreme Court
Georgia v. Brailsford, 2 U.S. 2 Dall. 415 415 (1793)
Georgia v. Brailsford,
2 U.S. (2 Dall.) 415
If the State of Georgia has a right to a debt due to a British subject and claimed to be confiscated, it is a right to be pursued at common law.
This cause was again brought before the Court upon a motion by Randolph to dissolve the Injunction which had been issued, and to dismiss the Bill, see ante at 2 U. S. 402. He assigned two grounds in support of his motion -- 1st that the State of Georgia had no remedy at law to recover the debt in question, and 2d that even if there was a remedy at law, there was no equitable right to justify the present form of proceeding. The motion was opposed by Ingersoll and Dallas, and after argument, the opinions of the judges (in the absence of JOHNSON, JUSTICE), were delivered as follows: