Legal Opinion

Flemister Grocery Co. v. Wright Mercantile & Lumber Co.

Court of Appeals of Georgia

Decided March 6, 1912No. 3782PublishedCited by 2 opinions

Attachment — appeal; from Murray superior court — Judge Fite.

1Opinion of the CourtHill, C. J.

1. A mere casual or temporary absence of a debtor from the

State on business or pleasure will not render him a non-resident, within tlie meaning' of the statute relating to attachments. Stickney v. Chapman, 115 Ga., 761 (42 S. E. 68).

2. Where an attachment was issued on the ground of non-residence, and this ground was traversed by the defendant, it was not erroneous to allow him to testify that he was only temporarily absent from the State on business, and that lie intended to come back to Georgia to live. The fact of actual residence is to be determined by the ordinary and obvious indicia of…

2Cases cited1 opinion

  1. Stickney v. ChapmanSupreme Court of Georgia · 1902

3Cited by2 opinions

  1. Alvaton Mercantile Co. v. CaldwellCourt of Appeals of Georgia · 1925
  2. Biggers v. Bank of RinggoldCourt of Appeals of Georgia · 1928

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