Murray's Lessee v. Baker (1818)

In Murray's Lessee v. Baker (1818) 16 U.S. 541, the Supreme Court Court of the United States had before it a question certified by the courtbelow as to the construction of a statute of limitations for the State of Georgia tolling the statute in favor of persons "beyond seas". This phrase, which apparently had been borrowed from an English statute, was construed to be the equivalent of "without the limits of the State". And see 2 Sutherland, Statutory Construction, Sec. 4925, where it is said: "A large majority of the cases permit the substitution of one word for another where it is necessary to carry out the legislative intent." The Supreme Court decided that the expressions `beyond seas' and `out of the State' are analogous, and are to have the same construction. But suppose the same question should be brought before this court from a State where the construction of the same words had been long settled to mean literally `beyond seas,' would not this court conform to it?" The question was answered by saying that "an adherence by the Federal courts to the exposition of the local law, as given by the courts of the State, will greatly tend to preserve harmony in the exercise of the judicial power in the State and Federal tribunals."