Catlin v. Gladding
U.S. Circuit Court for the District of Rhode Island
At law. Assumpsit [by John M. Catlin against Samuel Gladding] on a promissory note. Plea to the jurisdiction, that defendant is not a citizen of Rhode Island, as set forth in the writ, and issue thereon. [Judgment for plaintiff.] At the trial it appeared in evidence, that the defendant was a native citizen of Rhode Island; and that his mother (his father being dead) still resided in Providence, in that state, on the family estate.
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At law. Assumpsit [by John M. Catlin against Samuel Gladding] on a promissory note. Plea to the jurisdiction, that defendant is not a citizen of Rhode Island, as set forth in the writ, and issue thereon. [Judgment for plaintiff.] At the trial it appeared in evidence, that the defendant was a native citizen of Rhode Island; and that his mother (his father being dead) still resided in Providence, in that state, on the family estate. The defendant is a young, unmarried man, and was in partnership in New York, for some time. His commercial bouse in New York failed in June last; and upon that…
1Opinion of the Court
STORY, Circuit Justice.
The opinion of the court is, that the defendant is a citizen of Rhode Island, and that the plea is not. maintained. His birth was in that state; the family estate is there, and his mother remains on it. The defendant is unmarried. While he was resident at New York in business, he may be deemed to have acquired a eititzenship there, as he probably intended a permanent domicil. But when the house failed, he gave up his residence in New York, and returned to his mother’s family. Under such circumstances he must be presumed to have regained the family domicil, and to have…
2Cited by7 opinions
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Donaldson v. State ex rel. TaylorIndiana Supreme Court · 1906
- Denny v. Sumner CountyTennessee Supreme Court · 1915
- Weis v. CommissionerUnited States Board of Tax Appeals · 1934
- First National Bank v. BalcomSupreme Court of Connecticut · 1868
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