Fitzgerald v. McMurran

Supreme Court of Minnesota

Fitzgerald v. McMurran

59 N.W. 199, 57 Minn. 312, 1894 Minn. LEXIS 290

CourtSupreme Court of Minnesota

DecidedMay 24, 1894

DocketNo. 8743

StatusPublished

Cited by1 cases

This text of 59 N.W. 199 (Fitzgerald v. McMurran) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitzgerald v. McMurran, 59 N.W. 199, 57 Minn. 312, 1894 Minn. LEXIS 290 (Mich. 1894).

Pincite

Opinion

Gilfillan, C. J.

Au 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.

Order affirmed.

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

(Opinion published 59 N. W. 199.)

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Gilfillan, C. J.

Au 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.

Order affirmed.

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

(Opinion published 59 N. W. 199.)

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Bluebook (online)

59 N.W. 199, 57 Minn. 312, 1894 Minn. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-mcmurran-minn-1894.

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