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HOLLINGSWORTH versus ADAMS.

FOREIGN ATTACHMENT returnable to the present Term. The defendant was stated to be a citizen of Delaware, in the process which had issued; and M. Levy, having produced an affidavit in proof of that fact, moved to quash the writ, on the ground, that the Federal Courts had no jurisdiction, in cases of Foreign Attachment. By the 11 th section of the Judicial act (1 Vol. Swift's Edit. p. 55) it is expressly provided, that "no person shall be arrested in one District for trial in another, in any civil action before a Circuit, or District, Court: And no civil suit shall be brought before either of the said Courts against an inhabitant of the United States, by any original process, in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ." Now, this is a civil suit, brought here by original process against the defendant, who is an inhabitant of another district, and was not found in Pennsylvania at the time of serving the writ.

THE COURT directed the writ to be quashed with costs.

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HOLLINGSWORTH v. ADAMS
(Apr 1, 1798)