DocketNumber: No. 306605
Citation Numbers: 1991 Conn. Super. Ct. 4774
Judges: GRAY, JUDGE.
Filed Date: 5/14/1991
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant's, husband and wife, are guarantors of a note on a loan from the plaintiff to FABRICATED METALS FOR ELECTRONICS ("FME"), a Connecticut corporation with a place of business in Walton, New York. Defendant Dale Brodeur is president of FME. After having done business in this state for some years, the corporation removed to Walton, New York where the defendants purchased property, registered their motor vehicles and placed a child in the Walton school system. They continued to own a house in Guilford which was put up for sale in 1989 and remains on the market. That property contains a barn in which the defendants maintain an office, with telephone, from which they conduct their operations for boarding and training horses.
The defendants maintain that, for purposes of service of process, they should be considered residents of the State of Connecticut with a "usual place of abode" at Guilford. They admit being residents of the State of New York who come to Connecticut two or three times each week on business. However, the defendants contend that the service of process made upon them pursuant to General Statutes
Abode service both confers jurisdiction and gives notice. Smith v. Smith,
The "abode" of a person is his "habitation". Capital Light
Supply Co. v. Gunning Electric Co.,
The place of abode must be "usual". See, General Statutes
A usual place of abode does not mean domicile. Clegg, supra, at 570. A person "may have two or more places of residence within a State, or in two or more States, and each may be a `usual place of abode.'" Clegg, supra. at 570. Further, part-time residency is sufficient for service of process. Capitol Light Supply Co.,
The court in Bell Stanton, Inc. v. Laughlin,
"We do not mean that when a person departs from his usual place of abode temporarily for business, pleasure or cultural purposes he has ceased living at his usual place of abode. . . . But if the break in the continuity of his activities . . . is so marked, such as an indefinite tenure of military or any duty away from that home or a departure for a prolonged though definite term of study or where he has distinctly taken up a new station for business purposes, even though he may have his belongings at his former place of abode or keep in close correspondential touch with it, the place where he lived would not be a present usual place of abode but a former place of abode."
Id. at 360, 63, quoting Booth v. Crockett,
The defendants' testimony at the hearing held in support of the Motion to Dismiss leads the court to conclude that they reside in New York and maintain a usual place of abode at their home in Walton, New York. Proper service was made pursuant to the provisions of General Statutes
The defendants' request for relief from the ex parte prejudgment attachment cannot properly be raised in a motion to dismiss. "The motion to dismiss shall be used to assert (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process." Conn. Practice Bk. 143 (rev'd to 1978). It is not permissible to base a motion to dismiss on grounds that have nothing to do with the court's jurisdiction. See, e.g., Zizka v. Water Pollution Control Authority,
The motion to dismiss is not the proper vehicle to contest an ex parte attachment obtained pursuant to Section
Section
Since the defendants in the case at bar have not made a motion to dissolve, but instead have attempted to contest the attachment in their motion to dismiss, the court must deny their request for relief at this time.
THE COURT Leander C. Gray, Judge
Smith v. Smith , 150 Conn. 15 ( 1962 )
Bell Stanton, Inc. v. Laughlin , 28 Conn. Super. Ct. 359 ( 1967 )
Plonski v. Halloran , 36 Conn. Super. Ct. 335 ( 1980 )
Capitol Light Supply Co. v. Gunning Electric Co. , 24 Conn. Super. Ct. 324 ( 1963 )
Uyen Phan v. Delgado , 41 Conn. Super. Ct. 367 ( 1990 )
Cohen v. Bayne , 28 Conn. Super. Ct. 233 ( 1969 )
Grayson v. Wofsey, Rosen, Kweskin Kuriansky , 40 Conn. Super. Ct. 1 ( 1984 )
Booth v. Crockett, District Judge , 110 Utah 366 ( 1946 )