Legal Opinion

Chaine v. Wilson

The Superior Court of New York City

Decided October 15, 1858PublishedCited by 3 opinions

Appeal from an order denying a motion to discharge an attachment issued against the property of the defendant as a nonresident. This was one of five actions brought at about the same time in the Superior Court against the same defendants, by several plaintiffs. Between the 13th of April and the 1st of July, 1858, attachments were issued in the several actions against the property of the defendant Wilson, on the ground that he was not a resident of this State.

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Appeal from an order denying a motion to discharge an attachment issued against the property of the defendant as a nonresident. This was one of five actions brought at about the same time in the Superior Court against the same defendants, by several plaintiffs. Between the 13th of April and the 1st of July, 1858, attachments were issued in the several actions against the property of the defendant Wilson, on the ground that he was not a resident of this State. The defendants moved at special term to discharge the attachments on the ground that he was a resident. The motion to discharge the…

1Opinion of the CourtHoffman, J.

1. The domicile and residence of the defendant in Norwalk, Connecticut, down to August, 1856, must be conceded, I think, upon the defendant’s own papers, and I feel justified in concluding, that it subsisted- until the fall of 1857, when the deed to his son was recorded. He voted in Norwalk at the Presidential election in November, 1856. He is retained upon the tax-list of that town, and on the list of persons subject to a poll-tax, for even the year 1858.

2. During much of the year 1857, and down to October of that year, he occupied a room at the Astor House, without any part of his family,…

2Cases cited9 opinions

  1. Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
  2. In re ThompsonNew York Supreme Court · 1828
  3. Isham v. GibbonsNew York Surrogate's Court · 1849
  4. Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
  5. Morgan v. AveryNew York Supreme Court · 1850

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hall v. HallWisconsin Supreme Court · 1870
  2. Robinson v. MorrisonDistrict of Columbia Court of Appeals · 1894
  3. Murphy v. BaldwinNew York Court of Common Pleas · 1871

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