Kennedy v. New York Life Insurance & Trust Co. (101 N.Y. 487, 1886)

Miller, J.

The right of. the plaintiff to recover in this action depends upon the construction .to be placed on section 135 of the Code of Procedure.

In Carleton v. Carleton (85 N. Y. 313), upon which the respond ent relies, the affidavit stated, “ that defendant has not resided in the State of Yew York since March, 1877, and deponent is advised and believes is.now a resident of San Francisco, California,” and it was held, that this was not sufficient under the Code of Procedure (§ 135), to authorize the granting of the order; that it was merely an allegation of non-residence, and did not tend to establish that defendant