Case v. Clarke
U.S. Circuit Court for the District of Rhode Island
Case for defamation. The writ averred the plaintiff [Benjamin W. Case] to be a citizen of Massachusetts, and the defendant [Joshua Clarke] to be a citizen of Rhode Island. Plea to the jurisdiction, that the plaintiff is a citizen of Rhode Island, and not a citizen of Massachusetts, as alleged in the writ, and issue thereon. At the trial it appeared, that the writ was dated on the 20th of September, 1S27, and was served on the 30th of the same month.
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Case for defamation. The writ averred the plaintiff [Benjamin W. Case] to be a citizen of Massachusetts, and the defendant [Joshua Clarke] to be a citizen of Rhode Island. Plea to the jurisdiction, that the plaintiff is a citizen of Rhode Island, and not a citizen of Massachusetts, as alleged in the writ, and issue thereon. At the trial it appeared, that the writ was dated on the 20th of September, 1S27, and was served on the 30th of the same month. The plaintiff was a physician, resident in Newport, Rhode Island, having his home there, and practis-ing his profession. About the 28th of…
1Opinion of the Court
STORT. Circuit Justice.
It appears to me very clear, that there is no sufficient proof, that the plaintiff is a citizen of Massachusetts. To effect that purpose it should be established, that there was a bona fide change of domicil. I do not say, that we can inquire into the motives for the change, or-the reasons, which influence a man to remove from one state to another. Be these motives or reasons what they may, there must still be a bona-fide intention of removal, and a real change of domicil. If a person, wishing to commence suits in the courts of the United States, instead of the state…
2Cited by18 opinions
- George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
- Morris v. GilmerSupreme Court of the United States · 1889
- Cheever v. WilsonSupreme Court of the United States · 1870
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
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