Johnston v. Riley
| Decision Date | 28 February 1853 |
| Docket Number | No. 13.,13. |
| Citation | 13 Ga. 97 |
| Parties | Robert Johnston, plaintiff in error. vs. Spencer Riley, defendant in error. |
| Court | Georgia Supreme Court |
COMITY OF NATIONS. "We concede fully the rule that comity of nations "should always exist between all civilized, independent States, and more especially between the Confederate States of the American Union: " Johnston v. Riley, 13 Ga. R. 135; Bank of Augusta v. Earle, 13 Pet. 590. But this comity will be enforced only where it "is not contrary to the policy, or prejudicial to the interests of the State, " Code section 10. The third axiom of Huberus, (Lib. 1, tit. 3, de conflietu legum, section 2, page 538,) is now generally received as properly describing what is meant by the "comity of nations." The maxim is, "that the rulers of every empire from comity admit that the laws of every people in force within its own limits, ought to have the same force everywhere, so far as they do not prejudice the powers or rights of other governments or their citizens." State of Tenn. v. Virgin, Adm'x, 36 Ga. 389, 390.
FUGITIVES FROM JUSTICE—OFFENCES FOR WHICH THEY MAY BE TRIED. "The rule that fugitive from justice, surrendered for trial by a foreign country under treaty stipulation, cannot, after his extradition, be tried for mi offence not embraced In the demand or application on which he was surrendered, does Page 98
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Trespass, for false imprisonment in Bibb Superior Court. Tried before Judge Powers. November Term, 1852.
Riley brought an action of trespass against Johnson, for false imprisonment. When the plaintiff offered to read the declaration, the defendant demurred to said declaration, for that the action was misconceived, and should have been an action on the case; which demurrer the Court overruled, and sustained the declaration, and counsel for defendant excepted. The plaintiff then offered in evidence the following testimony:
In the Court of Oyer and Terminer and Quarter Sessions of the Peace for the City and County of Philadelphia, June Sessions, 1850. City and County of Philadelphia, S. S.: The Grand Inquest of the Commonwealth of Pennsylvania, inquiring for the City and County of Philadelphia, upon their respective oaths and affirmations, do present: That Robert J. Williams, late of the said County, yeoman, on the thirtieth day of May, in the year of our Lord one thousand eight hundred and fifty, at the County aforesaid, and within the jurisdiction of this Court, with force and arms, &c, did falsely and fraudulently forge and counterfeit, and caused and procure to be forged and counterfeited a certain bond and writing obligatory, in the words, letters and figures—that is to say:
United States of American, State of Georgia—$10,000
seven per cent. No. 3.
The State of Georgia acknowledges to owe to Robert J. Williams the sum of ten thousand dollars lawful money of the United States of America, which sum of money the said State promises to pay to the said Robert J. Williams, or bearer, at the city of Savannah, ten years from the date of these presents, or sooner, at the option of the State, with interest thereon at the rate of seven per centum per annum, payable at the said city of Savannah annually on presentation of this bond, to be credited thereon.
The faith and credit of the State of Georgia are hereby pledged for the payment of this bond at the maturity thereof, and it is also to be considered a debt due by the Central Bank, pursuant to an Act of the General Assembly, passed the twenty-ninth day of December, eighteen hundred and forty-seven.
[seal.]
In witness whereof, and pursuant to said Act, the Governor hath hereunto set his hand and caused the seal of the State to be affixed, this fifteenth of February, eighteen hundred and forty-eight. GEO. W. TOWNS, Governor.
On which said bond and writing obligatory was then and there endorsed, the words and figures following—that is to say:
ROB. J. WILLIAMS.
With intent to cheat, and defraud the State of Georgia, aforesaid, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania.
And the Inquest aforesaid, on their oaths and affirmations aforesaid, do further present: That the said Robert J. Williams afterwards, to wit: on the day and year aforesaid, at the County and within the jurisdiction aforesaid, having in his possession a certain false, forged and counterfeited bond and writing obligatory, purporting to be a bond and writing obli-gatory for the payment of the sum of ten thousand dollars, and to be signed by one George W. Towns, Governor—which said last mentioned false, forged, and counterfeited bond and writing obligatory, partly written, and partly printed, is in the words and figures following—that is to say:
United States of America, State of Georgia—10, 000, seven per cent. No. 3.
The State of Georgia acknowledges to owe to Robert J. Williams the sum of ten thousand dollars lawful money of the United States of America, which sum of money the said State promises to pay to the said Robert J. Williams, or bearer, at the city of Savannah, ten years from the date of these presents, or sooner, at the option of the said State, with interest thereon, at the rate of seven per centum per annum, payable at the said city of Savannah, annually upon the presentation of this bond, to be credited thereon. The faith and credit of the State of Georgia are hereby pledged for the payment of this bond, at the maturity thereof, and it is also to be considered debt due by the Central Bank, pursuant to an Act of the General Assembly passed the twenty-ninth day of December eighteen hundred and forty-seven.
[seal.]
In witness whereof, and pursuant to said Act, the Governor hath hereunto set his hand, and caused the seal of the State to be fixed, this fifteenth of February in the year of our Lord one thousand eight hundred and forty-eight.
GEO. W. TOWNS, Governor.
On which said bond and writing obligatory was then and there endorsed the words and figures following—that is to say:
"Robert J. Williams."
"Savannah, Feb. 22, 1849. " Received of the Cashier of the Bank of the State of Georgia, seven hundred dollars, it being the interest in full for one year on the within bond.
ROB. J. WILLIAMS.
The same false, forged and counterfeit bond and writing obligatory, partly written and partly printed, as aforesaid,, with the said endorsements thereon written for and as a good, true and genuine bond of the State of Georgia, for the payment of the sum of ten thousand dollars aforesaid, to Robert Johnston, then and there falsely, deceitfully and fraudulently did utter, publish and present and deliver, with intent to defraud the said Robert Johnston and Samuel M. Unk, trading together as R. Johnston & Co., of their goods and chattels, moneys and properties to their damage, contrary to good morals and against the peace and dignity of the Commonwealth of Pennsylvania.
W. B. REED, For the Attorney General.
June Session, 1850.
Commonwealth vs. Robert J. Williams. First Count—Forgerv of Bond of the State of Gcorgiav Second Count—Uttering and publishing said bond with intent to defraud. HENRY LEECH, Foreman. True Bill. June 24th, 1850.
Witnesses.
R. Johnston, sworn.
R. Crommeline, sworn.
Docket Entry.
Commonwealth vs. Robert J. Williams.
First Count—Forgery of Bond of the State of Georgia. Second Count—Uttering and publishing said Bond with intent to defraud.
True Bill. June 24, 1850.
I certify that the above and foregoing are a true copy of the record in this case as it stands filed of record in the office of the aforesaid Court.
[seal.]
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court, this twenty-fifth day of February, A. D., 1851.
JNO. WILLIAMS, Clerk.
Commonwealth of Pennsylvania, City and County of Philadelphia—In Chambers, Eleventh March, 1851.
I, Edward King, President Judge of the Court of Oyer and Terminer and Quarter Sessions of the Peace of the City and County of Philadelphia, duly commissioned and sworn, do hereby certify, that John Williams, whose genuine signature appears to the within and foregoing pages as Clerk of said Court, was at the time the same bears date Clerk of said Court, duly commissioned and sworn; and that full faith and credit ought to be had and given to all his official acts as such, and that the certificate of said Clerk and attestation is in due form of law.
Commonwealth of Pennsylvania, S. S.
William F. Johnson, Governor of said Commonwealth, to his Excellency the Governor of Georgia.
It appears by the annexed papers, duly authenticated according to the laws of this Commonwealth, that a certain Robert J. Williams, stands charged by indictment in the Court of Oyer and Terminer and Quarter Sessions of the Peace, held in and for the City and County of Philadelphia, at June Sessions A. D. 1850. with the crime of forgery, committed in the County of Philadelphia aforesaid, in the State of Pennsylvania.
And it has been represented to me that the said Robert J. Williams fled from the justice of this State, and has taken refuge within the State of Georgia.
Now, therefore, pursuant to the provisions of the Constitution and laws of the United States, in such case made andprovided, I do hereby request that the said Robert J. Will-iams be delivered...
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