Miller v. Burrows
This text of 2 Edm. Sel. Cas. 157 (Miller v. Burrows) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
I am of opinion that the decision of the Special Term in these cases was eminently proper. The question is not whether the defendant is a resident of Indiana, but whether he is “not a resident of this State.” The provision of the Code, section 227, authorizes an attachment “ against a defendant who is not a resident of this State.” The defendant was at one time a resident of Indiana, but that residence he has abandoned, and he has returned with his family to this State; but whether he will take up his residence here, or elsewhere, he is yet undetermined; that is to depend upon his [158]*158prospects of getting into business. Until bis mind shall be settled on that point, until he shall come to a determination, and have a fixed place of habitation, with an intention of staying there, he cannot he said to have a residence any where.
Order of Special Term affirmed, with costs.
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Cite This Page — Counsel Stack
2 Edm. Sel. Cas. 157, 4 How. Pr. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-burrows-nysupct-1850.