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57 Minn. 312

Fitzgerald v. McMurran

Supreme Court of Minnesota

Decided May 24, 1894

Supreme Court of Minnesota · decided 1894-05-24

Appeal by plaintiff, Edward Fitzgerald, from an order of the District Court of Bamsey County, John W. Willis, J., made November 18, 1893, vacating a wait of attachment. Plaintiff commenced this action against defendant, J. Boyal McMurran, upon his note for $1,000 and interest dated December 22, 1892, due nine months thereafter.

Cited in Bouvier (1914)’s definition of “Non-Resident”

Decided 1894-05-24

Gilfillan, C. J.

¶1Au attachment was issued against defendant’s property, on the ground that, as alleged, he was a nonresident. It was vacated upon affidavits from which the court below must have found that he was a resident. It is unnecessary to say more of the affidavits than that defendant was undoubtedly a resident up to January, 1893, and that from them the court might well conclude that at that time he left the state for a temporary business purpose, and without intending to abandon his residence here, and without intending to acquire or acquiring a residence elsewhere, and that, notwithstanding his absence, he continued a resident here.

¶2Order affirmed.

Buck, J., absent, sick, took no part.

¶3(Opinion published 59 N. W. 199.)

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