Wolf v. McGavock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rook County. The plaintiffs appealed from an order dismissing an attachment which had been issued in the action. The grounds on which the attachment was claimed will appear from the opinion.
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APPEAL from the Circuit Court for Rook County. The plaintiffs appealed from an order dismissing an attachment which had been issued in the action. The grounds on which the attachment was claimed will appear from the opinion. Temporary absence is never a ground for an attachment. 8 Wis. 860; Drake on Attachments, 39. To constitute a residence, in the legal meaning of the term, there must be a settled, fixed abode, an intention to remain permanently, at least for a time, for business or other purposes. 18 Wend. 512; 19 id. 11. Here we find the ■ defendant, a railroad contractor, going from one…
1Opinion of the CourtCole, J.
The attachment in this case was taken out against the defendant on the ground that he was a non-resident of the state. The attachment was sued out March 31, 1868. Hpon the traverse of the affidavit, the court held that the plaintiff had failed to sustain the issue that the defendant was a nonresident, and dismissed the attachment. The appeal is from that order. The question then is, Does the evidence show that the defendant was a non-resident of the state when the attachment was issued ? We are of the opinion that it does.
A variety of circumstances are relied upon to show that the defendant…
2Cited by6 opinions
- Ex Parte WeissingerSupreme Court of Alabama · 1945
- Keelin v. GravesTennessee Supreme Court · 1913
- Gray v. MainDistrict Court, M.D. Alabama · 1968
- Pech Manuf'g Co. v. GrovesSouth Dakota Supreme Court · 1895
- Cain v. JenningsCourt of Appeals of Tennessee · 1876
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