
    J. L. Bujac, indorsee of Benjamin Morgan against Benjamin Morgan.
    Service of a summons by leaving a copy with defendant’s partner, with whom he has lived, before he went abroad on a trading concern, from whence he is daily expected to return, and has his children now living with him, is good.
    Cited in 99 Pa. 289 and 11 W. N. C. 196 to show that it has long been the practice in this state for a defendant to move to set aside a sheriff’s return, where he believes the writ to have been defectively served.
    Summons case. Sheriff returns summons served by leaving a copy with Chandler Price, the defendant’s partner, at his last place of abode. Rule to shew cause, why the service of the summons should not be set aside.
    It was admitted by Mr. Todd for the plaintiff, and by Mr. M'Kean for the defendant, that the defendant carried on business in the city with his partner Price, lived with him until he went on a trading concern to the Natchez one year ago, from whence he is expected back daily, and that his children now actually live with him.
   Per cur.

The defendant cannot be arrested, because not within the state; he is not subject to a domestic attachment, because he has not absconded ; nor to a foreign attachment, because clearly he is an inhabitant of the state. 1 Dali. 153. His home is within'the city of Philadelphia.

The rule must be discharged.  