Smith v. Clapp, 40 U.S. 125 (1841)
U.S. Supreme CourtSmith v. Clapp, 40 U.S. 15 Pet. 125 125 (1841)
Smith v. Clapp
40 U.S. (15 Pet.) 125
ERROR TO THE CIRCUIT COURT FOR
THE SOUTHERN DISTRICT OF ALABAMA
This suit was instituted in the circuit court by the defendant in error against Archibald K. Smith, the plaintiff, and Neil Munn as the makers of a promissory note payable to John Barge or bearer. The note was signed by A. K. Smith and Neil Munn. The writ of capias by which the action was brought stated Archibald K. Smith and Neil Munn to be citizens of the State of Alabama, and that Alfred Clapp was a citizen of the State of New York.
The marshal returned, "executed the writ on A. K. Clapp -- Neil
Munn not found." The declaration was filed against A. K. Smith, and stated that Neil Munn was not found. A judgment was rendered against A. K. Smith by the circuit court, and this writ of error was prosecuted by him.
McKINLEY, Justice, delivered the opinion of the Court.