Fitzgerald v. McMurran

Minnesota Supreme Court
Fitzgerald v. McMurran, 57 Minn. 312 (Minn. 1894)
59 N.W. 199; 1894 Minn. LEXIS 290
Buck, Gilfillan, Sick, Took

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Fitzgerald v. McMurran

Opinion of the Court

Gilfillan, C. J.

Au attachment was issued against defendant’s property, on the ground that, as alleged, he was a nonresident. It was vacated upon affidavits from which the court below must have found that he was a resident. It is unnecessary to say more of the affidavits than that defendant was undoubtedly a resident up to January, 1893, and that from them the court might well conclude that at that time he left the state for a temporary business purpose, and without intending to abandon his residence here, and without intending to acquire or acquiring a residence elsewhere, and that, notwithstanding his absence, he continued a resident here.

Order affirmed.

Buck, J., absent, sick, took no part.

(Opinion published 59 N. W. 199.)

Reference

Full Case Name
Edward Fitzgerald v. J. Royal McMurran
Cited By
1 case
Status
Published