Talpey v. Doane

The motion to dismiss is founded on an affidavit, wherein it is averred that at the date of suing out the writ the plaintiff in error was a non-resident of the territory of Colorado, and that no cost bond had been filed, as provided by law. There is another statement in the affida-vit “ That Talpey left said territory in the month of November, A. D. 1872, as this affiant, on diligent inquiry, has been informed and believes to be true, and has never since returned.” It is objected that this averment is not sufficient to put the plaintiff to the proof of his residence. Conceding that it is so,…