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DUNCAN v. DARST ET AL.

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42 U.S. 301 (1843)

1 How. 301

11 L.Ed. 139

ANDREW DUNCAN, PLAINTIFF IN ERROR, v. ISAAC DARST, HENRY DARST, AND JACOB DARST, DEFENDANTS.

Supreme Court of United States.

March 14, 1843.

Attorney(s) appearing for the Case

Read, for the plaintiff in error.

Penrose, for defendant.

Mr. Justice CATRON delivered the opinion of the court.

It appears from the record that in 1824 Darst and others recovered, in the Circuit Court of the United States for the eastern district of Pennsylvania, a judgment against Jacob Roth, for the sum of $5465.

In November, 1832, a capias ad satisfaciendum was sued out against him, returnable to the April term, 1833, of the court. On the 6th of December, 1832...

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