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The Virginia Law Register Volume 15 epub

The Virginia Law Register Volume 15 epub

The Virginia Law Register Volume 15 by Anonymous

The Virginia Law Register Volume 15
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Author: Anonymous
Number of Pages: 442 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781130730791
Download Link: The Virginia Law Register Volume 15
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... and residence, recognized by the most approved authorities everywhere. Domieile is defined to be residence at a particular place, accompanied with positive or presumptive proof of intention to remain there for an unlimited time. To constitute domicile two things must concur--first, residence; secondly. the intention to remain there. Pilson, trustee 2/. Bushong, 29 Gratt. 229; Mitchell 1). United States, 21 Wall. (U. S.) 350. Domicile, therefore, means more than residence. A man may-be a resident of a particular locality without having his domicile there. He can have but one domicile at one and the same time, at least for the same purpose, although he may have several residences." In Lindsay 2'. Murphy, 76 Va. 428, Judge Burks, quoting with approval from a previous opinion of our Supreme Court written by him, said: "Residence, with no present intention of removal, constitutes domicile. Mere change of place is not change of domicile. Mere absence from a fixed home, however long continued, cannot work the change. There must be the animus to change the prior domicile for another. To constitute a new domicile two things must concur--first, residence in the new locality; second, the intention to remain there. Until the new domicile is acquired, the old one remains; and whenever a change of domicile is alleged, the burden rests upon the party alleging it. These principles are said to be axiomatic." In a comprehensive note to Berry "u. 'ilcox, 48 Am. St. Rep. 711, the annotator shows by a strong array of authorities too numerous to be repeated here, that every person must for all purposes have alegal residence or domicile somewhere; that he can have but one; that a domicile once acquired continues to exist until another is...

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