Brown v. Crane
Mississippi Supreme Court
Prom the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. Appellant sued out an attachment against appellee, alleging that she was a non-resident of this state. The writ was levied on certain cotton in Yazoo county. Defendant traversed the grounds of attachment, and there was a trial of the issue. The evidence shows that defendant owned a plantation in Washington county, Miss., and that plaintiff was employed as manager thereon.
Read the full summary
Prom the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. Appellant sued out an attachment against appellee, alleging that she was a non-resident of this state. The writ was levied on certain cotton in Yazoo county. Defendant traversed the grounds of attachment, and there was a trial of the issue. The evidence shows that defendant owned a plantation in Washington county, Miss., and that plaintiff was employed as manager thereon. She and her husband had lived in Philadelphia, Pa. That had been their home. He voted there, and they had been.in the habit of spending their winters on the…
1Opinion of the CourtWoods, J.
It was long ago determined that domicile and residence, under our attachment laws, were not convertible terms, and *682that a person'may have his domicile in one state and his residence, temporarily, in another. Bowers v. Ross, 55 Miss., 213. Granting that Mrs.-Crane’s husband had-his domicile in Pennsylvania (which is not satisfactorily shown by the evidence), and that her domicile was that of her husband, she may yet have been a resident of this state at the time of issuing and levying the attachment writ.
The evidence offered for the plaintiff in attachment (and no other was offered) shows that…
2Cases cited1 opinion
- Bowers v. RossMississippi Supreme Court · 1877
3Cited by2 opinions
- Enochs v. State ex rel. RobersonMississippi Supreme Court · 1923
- Collier v. ChambleeMississippi Supreme Court · 1924