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1 D.C. 281

Duane v. Rind

District of Columbia District Court

Decided December 15, 1805

District of Columbia District Court · decided 1805-12-15

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.

Decided 1805-12-15

The CouRT(Kilty, C. J., absent,)

¶1was of opinion that the rule ought to be laid. The Act of Assembly, 1796, c. 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.

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