Bujac v. Morgan
Supreme Court of Pennsylvania
Summons case. Sheriff returns summons served by leaving a copy with Chandler Price, the defendant’s partner, at his last place of abode. Rule to shew cause, why the service of the summons should not be set aside.
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Summons case. Sheriff returns summons served by leaving a copy with Chandler Price, the defendant’s partner, at his last place of abode. Rule to shew cause, why the service of the summons should not be set aside. It was admitted by Mr. Todd for the plaintiff, and by Mr. M'Kean for the defendant, that the defendant carried on business in the city with his partner Price, lived with him until he went on a trading concern to the Natchez one year ago, from whence he is expected back daily, and that his children now actually live with him.
1Opinion of the Court
Per cur.
The defendant cannot be arrested, because not within the state; he is not subject to a domestic attachment, because he has not absconded ; nor to a foreign attachment, because clearly he is an inhabitant of the state. 1 Dali. 153. His home is within'the city of Philadelphia.
The rule must be discharged.
2Cited by4 opinions
- Winrow v. RaymondSupreme Court of Pennsylvania · 1846
- Fillman's AppealSupreme Court of Pennsylvania · 1882
- Case v. Hufty, Pennsylvania Court of Common Pleas, Philadelphia County1785
- Lancaster Trust Co. v. Bertz, Pennsylvania Court of Common Pleas, Lancaster County1928