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![handle is hein.slavery/ussccases0305 and id is 1 raw text is: 192 SUPREME COURT.
Creath's Administrator v. Sims.
before the District or Circuit Court; consequently it cannot, in the
nature of an appeal, be brought before this court. The exercise
of an original jurisdiction only could reach such a proceeding, and
this has not been given by Congress, if they have the power to
confer it.
Upon the whole, the motion for the writ of habeas corpus in this
case is overruled.
Order.
Mr. Coxe, of counsel for the petitioner, having filed, and read
in open court the petition of the 'aforesaid Nicholas Lucien
Metzger, and moved the court for a writ of habeas corpus, as prayed
for in the aforesaid petition, to be directed to the marshal of the
United States for the Southern District of New York, commanding,
him forthwith to produce before this honorable court the body of
the petitioner, with the cause of his detention,- on consideration
whereof, and of the argument, of counsel thereupon'had, as well
against as in support of the said motion, and after mature delibera-
tion thereupon had, it is now here ordered and adjudged by this
court, that the prayer of the petition be denied, and that the said
motion be and the same is Jiereby ovenuled.
ALBERT G. CREATH'S ADmINISTRATOR, COIPLAINANT AND APELT.ANT,
v. WILLIAM-D. Sims.
The following principles of equity jurisprudence may be affirmed to be without
exception; namely, that whosoever would seek admission into a court of equity
must come with clean hands; that such a court will never interfere in opposi-
tion to conscience or good faith; that it will never'be called into activity to
remedy the consequences of ]aches 'or neglect, or the want of reasonable diligenv'_
'Therefore, where a com plainant prays to be relieved from the fulfilment of a conl -
tract, which was intbntionally made in fraud of the- law, the answer is, that
however unworthyInay have been- the conduct of his opponent, the parties are
in pari delicto. The complainant cannot be admitted to plead his own demerits.
Nor is it any ground of interference when a complainant applies to be relieved
from the.payment of a promissory note given under the above circumstances,
upon which judgment had been recovered at law. The consideration upon
which the note was given was then open to inquiry, and it is a sufficient indul-
* gence to have been permitted once to set up such a defence.
The cases examined, showing how far and under what circumstances the liability
of a surety becomes fixed upon him as a principal deb.tor.
Where the plaintiff in a suit voluntaily abstains from pressing the principal debtor,
but receives no consideration for such indulgence, nor putsany limitation upon
his right to proceed upon his execution, whenever it may be his pleasure to do
so, this- conduct furnishes no reason for the exemption of the surety fr6m liability,
and especially where the surety had united with his principal in a forthcoming
bond.
The authorities upon this point examined.
THE reporter finds the following statement of the case prefixed
to the opinion. of the, court, as delivered by Mr. Justice Daniel.](ViewImageLocal?handle=hein.slavery/ussccases0305&div=1&collection=&method=preview&ext=.png&size=3)