Ayer & Co. v. Weeks
Supreme Court of New Hampshire
Insolvency Appeal. The controversy arises between creditors of the defendant, Weeks, having attachments of his property made October 5, 1888, and other creditors who filed a petition against him in insolvency, February 1, 1889; and the only question is, whether Weeks, at the time of the petition, was a resident of this state so as to give the probate court jurisdiction of the insolvency proceedings.
Read the full summary
Insolvency Appeal. The controversy arises between creditors of the defendant, Weeks, having attachments of his property made October 5, 1888, and other creditors who filed a petition against him in insolvency, February 1, 1889; and the only question is, whether Weeks, at the time of the petition, was a resident of this state so as to give the probate court jurisdiction of the insolvency proceedings. October 5, 1888, Weeks was residing and doing business in Great Falls, but on that day he left with his wife and all his household goods for the West, and has never returned to this state. His…
1Opinion of the CourtClark, J.
The case raises a question of jurisdiction, which depends upon whether Weeks, the debtor, had a legal residence in Somersworth when the insolvency proceedings were instituted. This is mainly a question of fact. Foss v. Foss, 58 N. H. 283.
In a proceeding against Weeks, the paper offered in evidence would be admissible as containing admissions made by him. But although Weeks’s name appears upon the record, he is in no sense a party to the controversy between the attaching creditors and the petitioning creditors in the insolvency proceedings, and his admissions or agreement to abide the orders…
2Cases cited2 opinions
- Hancock v. JohnsonCourt of Appeals of Kentucky · 1858
- Cobb v. RiceMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Denny v. Sumner CountyTennessee Supreme Court · 1915
- Fulham v. HoweSupreme Court of Vermont · 1890
- González Giusti v. DescartesSupreme Court of Puerto Rico · 1954
- González Giusti v. Luis DescartesSupreme Court of Puerto Rico · 1954
- In re Guardianship of D.E.Supreme Court of New Hampshire · 2023