Alvord & Alvord v. Patenotre

Although it seems clear from the papers submitted on this motion that the defendant was no longer bodily present in this State at the time of the attempt to make substituted service, there is an insufficient showing that defendant had, at the time, effected a change of his domicile from this State to some other jurisdiction. The papers establish to the court’s satisfaction that up to the time defendant is claimed to have left this State, viz., on September 30, 1949, his domicile was here. No affidavit of the defendant himself is submitted to show that he left here with the intention of…