Legal Opinion

Duane v. Rind

U.S. Circuit Court for the District of District of Columbia

Decided December 15, 1805PublishedCited by 1 opinion

Motion, by the defendant, for a rule on the plaintiff, to give security for costs, on the ground that the plaintiff is a non-resident. The facts admitted were that the plaintiff has a large bookstore in this city, and occasionally resides here during the winter, has a «family, and now resides at Philadelphia. His family never has resided here. He has a storekeeper here. The marshal has applied at the store and received pay for fees regularly. See Act Md. 1796, c. 43, § 12.

1Opinion of the Court

THE COURT

(K.ILTX, Chief Judge,

absent) was of opinion that the rule ought to be laid. The act- of assembly, 1796 (chapter 43, § 12), must be understood to refer to the domicil, the place where the party resides, with his wife and children, if he has any.

2Cited by1 opinion

  1. Miller's Adm'r v. Norfolk & W. R.U.S. Circuit Court for the District of Western Virginia · 1891