Roberti v. Methodist Book Concern
New York Court of Common Pleas
. Appeal from an order granted, on motion, at Special Term, requiring the plaintiffs to file security for costs within twenty days. The affidavits on both sides, read on the motion, show ' that Henry H. Eoherti, one of the plaintiffs, and husband of the other plaintiff, was not in this State at the commencement of the action, and had not been in this State for more than two years.
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. Appeal from an order granted, on motion, at Special Term, requiring the plaintiffs to file security for costs within twenty days. The affidavits on both sides, read on the motion, show ' that Henry H. Eoherti, one of the plaintiffs, and husband of the other plaintiff, was not in this State at the commencement of the action, and had not been in this State for more than two years. The action was brought to recover damages for injuries to the person of the plaintiff, Margaret Eoherti, and to the furniture in her apartments, caused by the fall of a chimney, built and owned by the defendants, on…
1Opinion of the Court
*4By the Court.
Hilton, J.
When the plaintiff, Henry H. Boberti, left this city two years ago, lie was a reside fit of this State, his domicil <md family having been located here for about two years previously. .
Although, by reason of his prolonged absence, he might he proceeded hgainst by attachment at the instance of a creditor, yet he is still to be deemed a resident of this State for all other purposes.
A married man having his family fixed at one place, hut doing business at another, the former is to be deemed bis place of residence ; and while his family so remain fixed, he cannot acquire a…
2Cases cited1 opinion
- Wright v. BlackNew York Supreme Court · 1829