Quebec Bank v. Carroll

Citations

• 1 S.D. 372
• 47 N.W. 397
• 1890 S.D. LEXIS 43

Syllabus

<p>1. Whore sin attachment was issued, against defendant on the ground of his non-residence, ho being, however, in due time, personally served with summons in the county where the attachment action was pending, upon his motion to discharge the attachment, upon traverse of the affidavit of his non-residence, it appearing that during all the time in which he claims to have been a resident of D ikota he has maintained, without interruption, his family establishment in a foreign jurisdiction, has been continually on the oiliicial list of voters there, and has in two of said years at least actually voted there at a general- election; that in judicial proceedings in said foreign jurisdiction during the same time, lie has repeatedly made affidavits that he was a resident of said foreign jurisdiction, in the same proceedings has given bonds, in which his residence was so described, and in justifying under the same has deposed that he was a resident freeholder in said foreign jurisdiction; that during the same time he has executed several mortgages, in all of which he has described his residence in the same terms; that, shortly prior to the issue of the attachment, he made a general assignment, prepared and executed within and under the laws of said foreign jurisdiction, in which jurisdiction he therein stated his residence to be, and in pursuance of which he executed a number of deeds of conveyance to the assignee, in all of which his residence was so described,— held, that such acts and conduct on his part were utterly inconsistent with an understanding on his part that during such time he was a resident of Dakota, and that, as the fact of residence depends largely upon intention, it was error in the court below, as against all these facts, undisputed and unexplained, to discharge the attachment on the issue of the non-residence of said defendant.</p> <p>2. While the assignor in a general assignment for the benefit of creditors has such a revesionary interest in the assign