Morgan v. Nunes
Mississippi Supreme Court
Error to the Circuit Court of Jackson County. Hon. G. C. Chandler, Judge. This action, in the name of Robert Nunes and Ralph'Nunes, partners under the style of the Nunes Brothers, against Thomas Morgan, begun by an attachment sued out on Feb. 14, 1876, by Edwin C. Lysle, agent and attorney in fact of the plaintiffs, on affidavit by said Lysle that the defendant was a non-resident of this State, was based on the following instrument : — “Nunes Bkos.
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Error to the Circuit Court of Jackson County. Hon. G. C. Chandler, Judge. This action, in the name of Robert Nunes and Ralph'Nunes, partners under the style of the Nunes Brothers, against Thomas Morgan, begun by an attachment sued out on Feb. 14, 1876, by Edwin C. Lysle, agent and attorney in fact of the plaintiffs, on affidavit by said Lysle that the defendant was a non-resident of this State, was based on the following instrument : — “Nunes Bkos. “Lower Church Street, “ KINGSTON, JAMAICA. “ Messrs. Nunes Bros., Kingston, Aug. 26,1875. “ Gentlemen, — I hereby acknowledge the cost of the…
1Opinion of the CourtSimkall, C. J.
The case was tried in the Circuit Court, on the issue in abatement traversing the grounds of the attachment, and also on the merits.
Whether Morgan, the plaintiff in error, was, at the time of suing out the attachment, a “ non-resident ” of this State within the purview of the attachment law, was the question chiefly litigated in the Circuit Court, and discussed by counsel on this writ of error. The statute does not attempt to define the circumstances that will entitle the creditor to attach on that ground. It has been said that every person has, in law, a domicile or home, and that the…
2Cases cited9 opinions
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- In re ThompsonNew York Supreme Court · 1828
- Crawford v. WilsonNew York Supreme Court · 1848
- Alston v. NewcomerMississippi Supreme Court · 1868
- Cocke v. KuykendallMississippi Supreme Court · 1866
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3Cited by21 opinions
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- Krone v. CooperSupreme Court of Arkansas · 1884
- Lawson v. AdlardSupreme Court of Minnesota · 1891
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