John Marshall

“ Is the judgment binding on them? It is unquestionable, that summary proceedings of this description must be regular, and that their regularity must be shown by the party who relies on them. Notice to the creditors is material, and the law prescribes that notice and defines it. Advertisement in the papers is not sufficient. Personal notice must be given to a resident within the parish, by process; to a non-resident, by a letter from the notary. The law deems this notice indispensable, and the court cannot dispense with it. For want of it the judgment of discharge was no bar to this action. ”

“ That the persons, composing the firm of T. Nicolet & Co., were residents of the state, at the time of the execution of the note sued, and had continued so up to that time; that they are absent about six months in the year; but, when so absent, had their agents to attend their business, and their commercial house had existed in New Orleans ever since the execution of said note; that Breedlove and Robeson were residents of the city of New Orleans, and citizens of the state of Louisiana. The proceedings under the insolvent law of Louisiana were admitted in evidence. ”

“ The third objection, that the plaintiffs below were not proved to have been aliens, is answered in two ways. 1st. By saying, that this court have no means of knowing what was proved. This is not an appeal. That mode of reviewing judgments below is only given to this court, in cases of equity and admiralty-this case is neither. If the defendants below had thought the evidence insufficient, they might have spread it on the record by a bill of exceptions. This they have not done. In the case of Parsons v. Bedford, 3 Pet. ”

“ On the 20th May 1830, on motion to reconsider and annul the order of January, which permitted the defendants to file the plea to the jurisdiction, it was objected, that it came too late, the cause having been put upon the jury calendar, and regularly called on that calendar for trial. ”

“ These cases show conclusively, 1. The national character of an individual is to be determined by the fact of residence. 2. That as to his capacities, as well as his disabilities, the same rule is to be observed. ”

“ The act of Louisiana, passed on the 20th of February 1817, § 8, relative to the voluntary surrender of property, and to the mode of proceeding, &c., directs, when the judge shall be satisfied that the debtor is entitled to the benefit of the act, 'he shall order that the creditors of such debtor be called, in the manner and within the time prescribed for respites by the civil code, art. ”

“ The inference to be drawn from these decisions is directly the reverse; that aliens and citizens of other states are not bound by state insolvent or bankrupt proceedings, unless, as in the case of Clay v. ”