Wood v. Hamilton
New York Court of Common Pleas
Appeals from orders of the General Term of the City Court of New York affirming orders of that court denying motions to vacate attachments. These were two attachments issued against the defendant as a non-resident of the state. The defendant was a married woman, and for many years prior to April, 1885, had lived with her husband in the city of New York, in a house owned by her.
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Appeals from orders of the General Term of the City Court of New York affirming orders of that court denying motions to vacate attachments. These were two attachments issued against the defendant as a non-resident of the state. The defendant was a married woman, and for many years prior to April, 1885, had lived with her husband in the city of New York, in a house owned by her. For nine years last passed she had been in the habit of going with her husband to a hotel kept by her mother at Asbury Park, New Jersey, and assisting in carrying on and managing such hotel during the summer season,…
1Opinion of the Court
Per Curiam [Present Allen and Bookstaver, JJ.].~—
The facts appearing on the record clearly show, in our opinion, that, at the time the attachments were issued, the defendant had no place of residence in the state of New ’ York, and was a non-resident of this state, within the meaning of section 636 of the Code of Civil Procedure ; and this, although her domicile may have been the state of New York, — on which the evidence is not conclusive. It is certain that, at the time of issuing the attachment, she had no place of abode within this state, nor any place which she could call her home, nor…
2Cases cited1 opinion
- Wallace Sons v. . CastleNew York Court of Appeals · 1877
3Cited by2 opinions
- Hanover National Bank v. StebbinsNew York Supreme Court · 1893
- Eaves Costume Co. v. PrattNew York Court of Common Pleas · 1893