
    Burbage v. The American National Bank.
    Bleckley, C. J. — When one and his family are temporarily absent from the city and county of his permanent residence, by reason of the prevalence of an epidemic, he is still subject to suit by ordinary action in the superior court of that county, and service of process upon him may be effected by leaving a copy of the same at his residence during such absence.
    October 22, 1894.
    Traverse of sheriff’s return. Before Judge Sweat. ■Glynn superior court. December term, 1893.
    Burbage was residing at Brunswick with his family prior to the breaking out of an epidemic of yellow fever there in the summer and fall of 1893, in a house that was then, and for ten years had been, his permanent home and residence. On August 12, 1893, he refugeed with his family to a point outside of Glynn county, and was away from said county with his family on November 17,1898, the date of service of this suit, which was made by leaving a copy of the suit at the residence first mentioned. He left his residence with the full intension of returning to it as soon as the epidemic was over, .and only on account of the epidemic, and with no intention of remaining away permanently. He did return to said residence with his family on December 3, 1893, as soon as the epidemic was over, where he has-since resided, and which is now his permanent residence. He had a temporary residence in Atlanta, Ga., while absent as before mentioned, and during his absence his-home in Brunswick was occasionally visited' by his hired servant to whose care he committed it when he refugeed. The issue made by the traverse of the return of service-was submitted to the judge on the foregoing facts. He sustained the return of service, and Burbage excepted.
   Judgment affirmed.

Goodyear & Kay and Crovatt & Whiteield, for plaintiff" in error. Owens Johnson, contra.  