The Court decided that it was not necessary for the constable’s return to set forth that the copy was left at the defendant’s place of abode in the presence of a member of his family. A return of “ served by leaving a copy at the defendant’s place of abode” is sufficient. Gibbons vs. Mason, 1 Harr. Rep. 452. The defendant below now made affidavit that he was not an inhabitant of the state at the time of the alledged service; and the judgment was reversed on this ground. The affidavit was not denied ; if it had been, the court would have ordered testimony to be taken by deposition on this point. The act of assembly provides,
section 3, (Dig. 332,) that “ service by leaving a copy shall not be made and shall not be of any effect, unless the defendant shall at the time of such service be an inhabitant of, and have a known place of abode in the county wherein the proceeding shall be.” Judgment reversed.