Eaves Costume Co. v. Pratt
New York Court of Common Pleas
Appeal from special term. Action by the Eaves Costume Company against Thomas H. Pratt. From an order denying his motion to vacate an attachment against his property, issued on the 'ground of his nonresidence, under Code Civil Proc. § 636, suhd. 2, defendant appeals.
1Opinion of the CourtBischoff, J.
A person may be domiciled in one state and resident of another.' Frost v. Bisbin, 19 Wend. 11. His domicile is the place to which he intends eventually to return, and there to remain, (In re Thompson, 1 Wend. 43,) while his residence comprehends no more than a fixed abode for the time being, as contradistinguished from a place of temporary sojourn, (In re Wrigley, 8 Wend. 134.) On the hearing of the motion to vacate the attachment, it appeared from the affidavit of Elizabeth H. Pratt, which was submitted for the purposes of the motion on defendant’s behalf, that at all times prior to the…
2Cases cited6 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- In re ThompsonNew York Supreme Court · 1828
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Dietlin v. EganNew York Court of Common Pleas · 1892
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