Hanson
Hanson v. Graham
Opinion
Lead Opinion
Hayne, J.
This is an appeal from an order refusing to dissolve an attachment. The attachment was issued upon an affidavit that the defendant was a non-resident, and the motion to dissolve was upon the ground that the affidavit was not true, and that the defendant was a resident.
The affidavits read upon the hearing consist in great part of mere conclusions and statements on information and belief. The following facts, however, appear to be undisputed. The defendant, Graham, was a contractor for the building of railroads and other similar works. In 1884 he left his former residence, and established himself in Victoria, British Columbia. In 1886 he left that place, and finally settled in San Diego, with the intention of engaging in business there. While in San Diego he lived in hotels and lodging-houses. After about ten months, business became dull, and he stored his contractor’s tools and implements, and in June, 1388, went to Chile for the purpose of engaging in busi *632 ness there. In October, 1888, the attachment was levied, at which time he had not returned from Chile.
It further appears that the purpose of going to Chile was to get contracts in his line of business of which he had…