Legal Opinion

Murphy v. Baldwin

New York Court of Common Pleas

Decided May 15, 1871Published

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

  1. Chaine v. WilsonThe Superior Court of New York City · 1858
  2. Lee v. StanleyNew York Supreme Court · 1854
  3. Chaine v. WilsonThe Superior Court of New York City · 1858

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