Fitzgerald v. McMurran

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

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.)