2 Miles 176
Pennsylvania Court of Common Pleas, Philadelphia County
Decided February 3, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-02-03
FOREIGN attachment to March term, 1838, No. 29; and this was a rule on the plaintiff to show his cause of action and why the attachment should not be dissolved. On the hearing of the rule, it appeared that the defendant was a resident of New Jersey, and that on the day of the issuing of the writ, he had been twice for a short time in the city of Philadelphia, but the rest of the day in New Jersey.
Decided 1838-02-03
¶1The defendant is a person “ not residing within this commonwealth,” and it not being averred, we cannot infer *177from the circumstance that he was here, on the day of the issuing, twice for very short periods of time, that he was within the county “ at the time of the issuing ” of the writ. (See Stroud’s Purd. tit. Action.)
¶2Rule discharged.
¶3Vide Shipman v. Woodbury, ante, p. 67.