Motion to set aside attachment.

The attachment was issued against the defendant upon an allegation that he was a non-resident. The defendant showed by his ¡own affidavit that he formerly resided and did business in Lynn, Massachusetts; that in the winter of 1846-7, he broke up keeping house, and his wife went to live with her mother in Bradford, New-Hampshire; he remained in Lynn until February, 1849, when he went to California, leaving no property or business in Lynn. In September, 1850, he returned from California, and went to Bradford aforesaid, and remained there and in Massachusetts and Maine, without any permanent business, until the spring of 1852, when he went to Hogansburgh, Franklin Co., N. Y., and bought a store of goods, hired a store, and commenced business as a merchant, with the actual and honest intention of making that place his residence and home; and had actually resided there until July, 1853, when he sold out his business. But previously, in April, 1853, he had made arrangements to establish himself in business at Moría in said county of Franklin, and agreed for the building of a store, to be leased to him for five or ten years; that he continued his business at Moría until the commencement of this action.

That when he came to Hogansburgh in the spring of 1852, he left no business or property in Massachusetts, New-Hampshire, or elsewhere in New-England, and actually abandoned all thought or intention of returning there to reside or do business. That his wife and only child remained with her mother in Bradford, until October, 1852, when they came to Hogans-burgh with the intention of remaining permanently with defendant. Before they came, he had agreed to hire a house in the latter place with the intention of keeping house, but before their arrival, the owner of the house moved in and occupied it himself; and he was then unable to procure any other. His wife remained at Hogansburgh until the last of February, 1853, when he being unable to hire a house, and his wife being about to be confined, he allowed her to return to her mother’s, in Bradford aforesaid; that he intended to have his wife return to Franklin county, and she would have so returned but for the breaking up of his business by this and other attachments. That he had endeavored to hire a house to go to house-keep- ■ ing at Moría, but none was to be had, and he had engaged board for himself and family at a hotel there.

That for more than eighteen months last past, it had been actually and in good faith his intention to reside and do business permanently at Hogansburgh or Moria, in the county of Franklin, N. Y.; and that during all that time he had been, and then was a resident in the said county of Franklin, and not elsewhere.

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