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Page:United States Reports, Volume 2.djvu/402

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396 Cass! ruled and adjudged in the r798. '1`he Court being divided in opinion, it became a doubt, whe- wvsa ther fentence could be pronounced upon the defendant; and a wilh was expre{l`ed by the judges and the Attomey of the Di• {iriét, that the cafe might be put into fuch a form, as would ad- mit of obtaining the ultimate decilion of the Supreme Court, upon the important principle of the difeullion: But the coun- fcl for the prifoner did not think themfelves authorifed to enter . into a comprotnife of that nature. The Court, after a {hott coufultation, and declaring, that the {`entence was mitigated in conlideration of the dcfendanfs circumllances, proceeded to adjudge, '1`hat the defendant be imprifoned for three months; that he lpay a {ine of zoo dollars; and that he {tand committed, 'rill this fentcnce be complied with, and the cofts of profecutiou paid. Hourucswonru veg/ia- Amy:. OREIGN ATTACHMENT returnable to the prefent Term. The defendant was Rated to be a citizen of De- ` — aware, in the procefs which had i{i`ued; and M Levy, having produced an alhdavit in proof of that faét, moved to quafh the writ, on the ground, that the Federal Courts had no` jurifdic- tion, in cafes of Fa:-eign Azrarhmmt. By the I nth jiéiian of the judicial a& (1 Vol. S·wy`t’: ErIit.p. gg) it is exprefsly provided, that •• no perfon {hall be arreited in one Diltriéft for trial in another, in any civil aétion before a Circuit, or Diiiriélc, Court : And no civil jid: {hall be brought before either of the {aid Courts againft an inhabitant of the United Siam, by any original yroafr, in any athrr dj/Fri:} than that whereof he is an inhabitant, or in which he _/ha/I befnmd at the time gf_/Z·r1·iug rb: ·writ.” Now, this is a civil {`uit, brought here by original procefs againii the de- - fendant, whois an inhabitant of another diiirit}, and was not _ found in Pennfylvania at the time of fcrving the writ. Thuma: and Hallowell, on behalf of the plaintiff, wilhed for time to enquire into the practice; but not being able on the next day to ailign any fatisfafiory reafon in maintenance of the aéiion, '1`rua Coutvr direéted the writ to be quallred with coils. E WILKINSON et al. unfit NICKLIN ef al. '3 S 3 /6, THIS was an a&ion brought by the Indorfees of a Bill of Ex- OW. 2 change, drawn by M'CI¢r1achanar1d4l{aare, upon Grange { · " Barclay, of Lmdwx, in favor of the defendants, and by thilm or e