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Page:United States Reports, Volume 2.djvu/219

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Serum: Coon or Pemggloauiat arg ‘ ` ` i ‘ ¤79z¢ April Term, 179 3. . —-1—-· Urrra Dunn; verjiu Gunmmrowit. WO jullices made anorder, removing Raclrel Peterr, as 3-mg a Pauper, from Germantown to Upper Dublin. On pp- peal, the Qrarter Sellions of Pbiladelobia County conlirmed e JW; order. It was brought into this Court b y Certiarari ; and the fa& upon which Upper Dublin relied, was, that the two jul`- tices, at the time the order was made, were inhabitants of, and rateable and contributary to the poor tax of Germantavn. Upon argument by Rawle, for Upper Dublin, and Ingerfall, for Germantown, run Couirr, unanimouily, qualhed the or- der of Sellions, and the order of the two jultioes. Srsnsaunr verfu Manx:. N this caufe (which was tried on Saturday, the gth of April) the defendant oiiered jonas Pbillqu, a ]ew, as a witnefs 5 but he refufed t0_be {`worn, becaufe it was his Sabbatb. The Court, therefore, {ined him {to; but tho defendant, after- wards, waving the benelit of is teliimony, he was difcharged from the line. ‘ Snorunxan, Allignee veju Kaur. HIS was an aflion on the cafe, for deceiving the bank- l rupt, inthe fale of a quantity of Claret ; and the quell tion fubmitted for decilion to the Court was,—whether fuch an aétion could be maintained by the alli nee P The dtyembvizk Cam¢·l (Rawle) olsferved, that the bankrupt was really indebted to his client; but that in this form of ac- tion he would be deprived of the advantage of a fet oil`; and they contended that the aétion would not lie. The 7 pb?. of the bankrupt at]; (2 Vol. Dall. p. 371.) gives to the Commillioners il power only ¢· to allign or difpofe of all the debt: due to, and for thc bcnelit of, the bankrupt," 8:4:. .lJebt:,em- pliatically,