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SMITH v. CLAPP

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40 U.S. 125 (1841)

15 Pet. 125

10 L.Ed. 684

ARCHIBALD K. SMITH, PLAINTIFF IN ERROR, v. ALFRED CLAPP, DEFENDANT IN ERROR.

Supreme Court of United States.

February 1, 1841.

Attorney(s) appearing for the Case

The case was argued by Mr. Key, for the plaintiff; and by Mr. Test, for the defendant.

Mr. Justice M`KINLEY delivered the opinion of the Court.

This is a writ of error to the Circuit Court for the Southern district of Alabama. The defendant in error, who was plaintiff in the Court below, sued out a capias ad respondendum against the plaintiff in error, and one Neill Munn, directed to the marshal of the district; who returned that he had executed it upon Smith, and that Munn was not found. Whereupon, the plaintiff...

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