Comly v. Goldsmith

Pennsylvania Court of Common Pleas, Philadelphia County

Decided September 11, 1837

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-09-11

CAPIAS ad respondendum to September term, 1837, No. 455. Plaintiff’s affidavit, on this rule to show cause, was in the following words, víz: “ Samuel Comly, the plaintiff, being duly affirmed, doth depose and say, that Samuel Goldsmith is indebted to him in the sum of 9379 dollars and 81 cents; deponent further saith, that said Samuel Goldsmith is a seafaring man; that he has just returned from a voyage in which he has been absent from the United States for many months; that…

Decided 1837-09-11

Per Curiam.—

¶1This affidavit is altogether insufficient. The nature of the indebtedness is not stated, or the contract or transaction on which it is founded.

¶2Rule absolute.a

¶3Vide Kelly v. Kintzing; Benedict v. Whartenby; McCanles v. Frederickson and Young v. Corder, in this volume, and the index.