Minnesota Supreme Court, 1894

Fitzgerald v. McMurran

Fitzgerald v. McMurran
Minnesota Supreme Court · Decided May 24, 1894 · Buck, Gilfillan, Sick, Took
57 Minn. 312; 59 N.W. 199; 1894 Minn. LEXIS 290 (Minnesota Reports)

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.)

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