Bonwit Teller, Inc. v. Morris

Concededly plaintiff was not entitled to the attachment on the theory upon which it was applied for and obtained. It contends, however, that the motion to vacate should have been denied because it appeared that defendant was not a resident of New York State. Although the word “ resident ” as used in subdivision 1 of section 903 of the Civil Practice Act has been held repeatedly to refer merely to temporary sojourn as distinguished from domicile, the same word as used in subdivision 7 of the same section obviously refers to domicile and not to temporary sojourn. Unless subdivision 7 refers to…