Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 3
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Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 3: In the Eastern District; With References to Cases in the Subsequent Reports; Containing the Cases Decided at December Term, 1837, and March Term, 1838 A Rule having been obtained to show cause why the capias issued in the above case should not be quashed, it appeared that two affidavits had been filed before the issuing of the writ. One of them, made by the plaintiff, set forth his cause of action, and concluded as follows: "This deponent also declares, that the said defendant told this deponent, about three weeks since, that he intended to quit the Commonwealth, and, as the deponent believes, without leaving sufficient real or personal estate therein to satisfy the demand of the plaintiff." The other affidavit was made by one Jervis, who stated at the commencement of it, that he had been in the employ of the plaintiff, who was a manufacturer, between one and two years; and after detailing the circumstances which gave rise to the action, concluded in the following words: "This deponent also declares, that the said defendant is about to quit the Commonwealth, without leaving sufficient real or personal estate therein to satisfy the demand of the above-named plaintiff." Mr. H. M. Phillips now contended that the affidavits were insufficient, under the fourth section of the act of 13th June 1836, which provides that "no writ of capias ad respondendum shall issue in any case, unless the plaintiff, his agent or attorney, shall previously thereto make affidavit, setting forth - First. The cause of action, and the amount in which the defendant is indebted to the plaintiff, or the value of the property taken or detained, or the damages sustained, as the case may be, to the best of the deponent´s knowledge and belief. Second. That to the best of the deponent´s knowledge and belief, the defendant is not an inhabitant of this Commonwealth; or if such inhabitant, that he has no place of residence therein, to the knowledge of the deponent, or that he is about to quit the Commonwealth, without leaving sufficient real or personal estate therein to satisfy the demand. Here the plaintiff´s affidavit does not come up to the requisitions of the law; and that of Jervis cannot be admitted to supply the defect. He cited the case of Diehl v. Perie, stated in 1 Troubat & Haly´s Practice, p. 175, where the District Court of Philadelphia held that the word or in the act of 1836, must be construed ∧ so that an affidavit, concluding to the best of the deponent´s knowledge or belief, was insufficient. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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