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- Marbury v. Madison, 5 US 137 (1803), 177DECEMBER, i8ox. it iball have been paid to the creditor. The flieriff may TuRNIM certainly make fuch payment out of court, if no circumI. ftance occuirs which legally obitructs or oppofes it, fuch FENDALL. as an injunction from the court of chancery, in which cafe, fby the law of Virginia, the money muft b6 returned…Marbury v. Madison, 5 US 137 (1803), 177