Fitzgerald v. McMurran
Supreme Court of Minnesota
Appeal by plaintiff, Edward Fitzgerald, from an order of the District Court of Bamsey County, John W. Willis, J., made November 18, 1893, vacating a wait of attachment. Plaintiff commenced this action against defendant, J. Boyal McMurran, upon his note for $1,000 and interest dated December 22, 1892, due nine months thereafter.
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Appeal by plaintiff, Edward Fitzgerald, from an order of the District Court of Bamsey County, John W. Willis, J., made November 18, 1893, vacating a wait of attachment. Plaintiff commenced this action against defendant, J. Boyal McMurran, upon his note for $1,000 and interest dated December 22, 1892, due nine months thereafter. On affidavit that defendant was not a resident of the state plaintiff procured a writ of attachment under which the sheriff of Bamsey County on October 7, 1893, seized the defendant’s real estate. The summons was served by publication. On November 11, 1893, the…
1Opinion of the CourtGilfillan, C. J.
Au attachment was issued against defendant’s property, on the ground that, as alleged, he was a nonresident. It was vacated upon affidavits from which the court below must have found that he was a resident. It is unnecessary to say more of the affidavits than that defendant was undoubtedly a resident up to January, 1893, and that from them the court might well conclude that at that time he left the state for a temporary business purpose, and without intending to abandon his residence here, and without intending to acquire or acquiring a residence elsewhere, and that, notwithstanding his…
2Cases cited1 opinion
- Young v. OttoSupreme Court of Minnesota · 1894
3Cited by1 opinion
- Young v. OttoSupreme Court of Minnesota · 1894