Hope v. Brinckerhoff

The cases cited settle the point conclusively, that it is not sufficient to aver, as in this instance, a residence at the time of swearing to the bill. It must show affirmatively that the defendant resided in the county to which thefi.fa. issued (out of the Supreme Court) at the time it was so issued.

Demurrer allowed, with costs; but let the complainant have leave to amend the bill on payment of costs.