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7 F. Cas. 1135

Duane v. Rind

U.S. District Court

Decided December 15, 1805

U.S. 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. See Act Md. 1796, c. 43, § 12.

Decided 1805-12-15

¶1THE COURT

(K.ILTX, Chief Judge,

¶2absent) 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.

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