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BANK OF COLUMBIA V. SWEENEY, 27 U. S. 671 (1829)

U.S. Supreme Court

Bank of Columbia v. Sweeney, 27 U.S. 2 Pet. 671 671 (1829)

Bank of Columbia v. Sweeney

27 U.S. (2 Pet.) 671


The Act of the Legislature of Maryland of 1793 incorporating the Bank of Columbia, one of the sections of which gives to the bank a summary proceeding against debtors to the bank, did not intend to interfere with any legal defense against the claim of the bank the party might have. It does not prescribe the nature of that defense or deprive him of any which might have been used had the action been commenced in the usual way.

This was a writ of error to the Circuit Court for the County of Washington. The same case was before this Court at January term, 1828, on a motion for a mandamus, 26 U. S. 567.

Upon issue's being joined in the circuit court on the plea of the statute of limitations, that court decided that the defendant was entitled to avail himself of the statute against the claims of the plaintiffs, proceeding under the provisions of their charter, which gives them summary process against their debtors.

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