Brown v. Crane

Citations

• 69 Miss. 678

Syllabus

<p>1. Attachment. Foreign domicile. Residence.</p> <p>Domicile and residence are not convertible terms under our attachment law. One who resides here, though having a domicile in another state, is not liable to attachment as a non-resident. Bowers v. Ross, 55 Miss., 213.</p> <p>2. Same. Absence from state. Residence here. Gase.</p> <p>Deiendant owned a plantation in this state. She and her husband had lived in Philadelphia, Pa., where he voted, and where they were in the habit of staying in the summer, his winters being spent here. They spoke of Philadelphia as “home.” They had resided here several months when an attachment was sued out against her as a non-resident, and she was here personally served with process. As was known to lilaintiff when the suit was instituted, she contemplated residing here several months, and then going with her husband to Philadelphia for the summer, and returning to the plantation in October to abide permanently. Held, that she was not a non-resident, and the attachment could not be maintained.</p>