Philadelphia County Court of Common Pleas, 1838

King v. Cooper

Philadelphia County Court of Common Pleas · Decided February 3, 1838

2 Miles 176

Counsel

Whitman, for the rule., -Holcomb & Wheeler, contra.

Opinion of the Court

Per Curiam.—

The 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.)

Rule discharged.a

Vide Shipman v. Woodbury, ante, p. 67.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.