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1 Smith v. Forepaugh. Counter Statement on Behalf of the Trustees in Domestic Attachment 1853

handle is hein.trials/abfy0001 and id is 1 raw text is: In the Supreme Court of Peni2sylvania for the Eastern District. OF JULY TERM, 1853, No. 6. JOHN T. SMITH, plaintiff in error, Writ of Error to the District vs. Court for the City and FRED. B. FOREPAUGH, I County 6f Philadelphia. defendant in error. This was an action of assumpsit brought by John T. Smith against Frederick B. Forepaugh, to recover $ 1095, on defendant's promissory note in favor of plaintiff, dated 5th July, 1852, at six months; and also $2)5, for goods sold and delivered. The summons was issued 10th January, 1853, returna- ble the first Monday of February, and was returned as fol- lows: Served by leaving a true and attested copy of the within writ at the late residence of Frederick B. Forepaugh, the within named defendant, (said residence being No. 240 north Fifth street,) with an adult member of the family with whom he resided, (or resides,) on the 12th day of January, 1853. February 4, 1853, Narr. filed. February 12, 1853, by order of plaintiff's attorney filed, judgment is entered for want of an appearance. Eo. die, damages assessed at $1326,17. On the same day, a fi. fa. was issued and levied on de- fendant's personal property. February 26, 1853, rule to show cause why the sheriff should not be allowed to amend his return. March 26,, 11853, rule absolute.

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