Heidenbach v. Schland

Morris, Justice.

Attachment issued against the property of the defendant, under § 229 of the Code, upon the ground that the defendant was “not a resident of this state.”

The clause of the affidavit, which is claimed to establish that defendant is not a resident of this state, is as follows:—

“ The defendant is not a resident of the state of New-York; that said defendant has but just emigrated to this country, and has no permanent residence, except his staying as a boarder and lodger with this deponent.”

This shows the facts upon which the plaintiff forms the conclusion, that the defendant is “…