The referee was warranted in finding that the defendant was in a position to receive notice of a suit from a summons left at his home in Franklin. Not only his legal domicile, but his place of abode, within the meaning of the statute, was in this state. Gilman v. Cutts, 23 N. H. 376, 385 — S. C., 27 N. H. 348, 358; Ward v. Cole, 32 N. H. 452; Brown v. Rollins, 44 N. H. 446.

Judgment for the defendant.