Murphy v. Baldwin
New York Court of Common Pleas
Motion to discharge attachment issued against defendant under section 227 of the Code of Procedure, as a non-resident.
1Opinion of the CourtJoseph F. Daly, J.
In the case of Chaine v. Wilson (8 Abb. Pr., 78; S. C., 1 Bosw., 673), the general term of the superior court of this city decided (1858) that a defendant whose family occupy and for several years have occupied a dwelling house in another State, hired by him, and who habitually passes the night of each day and the Sabbath with his family, is a non-resident ; also that where a man’s absence from his family is for eight hours in each day on six days in each week, if he has a family living in a neighboring State to whom he resorts for comfort, relaxation and repose, and with whom he abides…
2Cases cited3 opinions
- Chaine v. WilsonThe Superior Court of New York City · 1858
- Lee v. StanleyNew York Supreme Court · 1854
- Chaine v. WilsonThe Superior Court of New York City · 1858