Massillon Engine & Thresher Co. v. Hubbard

Citations

• 11 S.D. 325
• 77 N.W. 588
• 1898 S.D. LEXIS 130

Syllabus

<p>Defendant, who, with his family, lived in a certain house in the state, went to another state on private business, where he remained six months. Two months after he went, his family was obliged to vacate the house, and moved into a house rented by defendant’s prospective son-in-law, in which he lived after his marriage, two days iater, to defendant’s daughter. Though defendant’s wife took to this house her household goods, she intended to make it her home only till the marriag-e of her daughter, and till she could make arrangements to leave the city, which she did a month later. Held, that though she moved to the latter house by the direction and with the consent of defendant, and though he at that time had not acquired any new domicile, it was not his “dwelling' house,” within Comp. Laws, $4898, allowing- service of summons by leaving- a copy at defendant’s dwelling- house, in the presence, of a member of his family; the dwelling house contemplated being one in which a person has his legal residence or domicile, and in wliiclnhe permanently resides.</p>