Lee v. Stanley
New York Supreme Court
Motion to set aside attachment. The attachment was issued against the defendant upon an allegation that he was a non-resident. The defendant showed by his ¡own affidavit that he formerly resided and did business in Lynn, Massachusetts; that in the winter of 1846-7, he broke up keeping house, and his wife went to live with her mother in Bradford, New-Hampshire; he remained in Lynn until February, 1849, when he went to California, leaving no property or business in Lynn.
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Motion to set aside attachment. The attachment was issued against the defendant upon an allegation that he was a non-resident. The defendant showed by his ¡own affidavit that he formerly resided and did business in Lynn, Massachusetts; that in the winter of 1846-7, he broke up keeping house, and his wife went to live with her mother in Bradford, New-Hampshire; he remained in Lynn until February, 1849, when he went to California, leaving no property or business in Lynn. In September, 1850, he returned from California, and went to Bradford aforesaid, and remained there and in Massachusetts and…
1Opinion of the Court
Clerke, Justice.
Notwithstanding the very positive state-' ments contained in the affidavits in support of this motion, I think the plaintiffs have sufficiently proved that, at the time the attachment was issued, the domicil of the defendant was at Bradford, New-Hampshire. The papers read on this motion satisfactorily show, that he there kept a house, in which his wife and children lived, and in which he entertained his friends and exercised the domestic rights and duties.
Now as a man can have only one domicil, and as I entirely concur with Justice Paige in his able opinion in Crawford agt.…
2Cases cited1 opinion
- Crawford v. WilsonNew York Supreme Court · 1848
3Cited by4 opinions
- Mellen v. MellenNew York Supreme Court · 1882
- Houghton v. AultNew York Supreme Court · 1858
- Robinson v. MorrisonDistrict of Columbia Court of Appeals · 1894
- Murphy v. BaldwinNew York Court of Common Pleas · 1871