Page:United States Reports, Volume 1.djvu/491

 

COURT of COMMON PLEAS of

Philadelphia County:

December Term, 1789.

HIS was a Foreign Attachment, which iffued returnable to the prefent term ; and, on arguing a rule to fhew caufe, why the writ fhould not be quafhed, it was proved, that, on the 5th of December,  the Defendant was at Lancaʃter,  in his way to Fort Pitt, where he intended to proceed to the Spaniʃh fettlement below the Natches, on the Miʃʃiʃippi, but was actually at Fort Pitt  on the 2d of January, 1790.

SHIPPEN, Preʃident, obferved, that while a man remained in the State, though avowing an intention to withdraw from it, he muft be confidered as an inhabitant, and, therefore, not an object of the Foreign Attachment.  If an inhabitant clandeftinely withdraws, or fecretes himfelf, to avoid his creditors, he becomes liable to the Domeʃtic Attachment.   The having once been an inhabitant will not, however, protect a man forever from a Foreign Attachment,  where he has notorioufly emigrated from the State, and fettled eflewhere. But the cafe before the Court, is that of a Foreign Attachment iffued at the very time that the Defendant was an inhabitant of the State, which cannot be maintained.

Let the rule be made abfolute.

Wilcocks and Sergeant, for the Plaintiff ; Ingerʃol, for the Defendant. GRAFF