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SMITH, Ap't, v. STANLEY a.

The probate court has no jurisdiction of an assignment in insolvency made by one whose residence in this state is only temporary.

BLODGETT, J.

The probate court had no jurisdiction, and the assignment was a nullity. Ayer v. Weeks, 65 N.H. 248; McConnell v. Kelley, 138 Mass. 373. The appeal is sustained.

Decree of probate court reversed.

CLARK, J., did not sit: the others concurred.

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SMITH v. STANLEY
(Dec 1, 1892)