Brown v. Boulden
Texas Supreme Court
Error from Colorado. Tried below before Hon. James H. Bell. Suit by plaintiff in error against defendant in error,' on an account. The suit was instituted on the 17 th day of November,' 1854 ;■ the account was dated in 1853. Citation to Colorado county being returned not found, plaintiff amended by alleging that since the commencement of the suit, defendant had removed to Gonzales county, and prayed citation to that county.
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Error from Colorado. Tried below before Hon. James H. Bell. Suit by plaintiff in error against defendant in error,' on an account. The suit was instituted on the 17 th day of November,' 1854 ;■ the account was dated in 1853. Citation to Colorado county being returned not found, plaintiff amended by alleging that since the commencement of the suit, defendant had removed to Gonzales county, and prayed citation to that county. Plea of abatement under oath, that at the time of the commencement of this suit, he (the defendant) was and still is a resident of the county of Gonzales. Defendant also…
1Opinion of the CourtWheeler, J.
It, not unfrequently, is a question of considerable nicety and difficulty, to determine in which of two places a man’s domicil really is. The Statute also uses the word “inhabitant.” An inhabitant and resident mean the same thing. (Burrill, L. D. tit. Inhabitant ; Hart. Dig. Art. 667.) And the word “ domicil ” is evidently used in the Statute in the sense of residence. But there may be a difference between a man’s residence and his domicil. He may have his domicil in one place, and still may have a residence in another ; for although a man, for most purposes, can be said to have but one…
2Cited by31 opinions
- Snyder v. PittsTexas Supreme Court · 1951
- Pearson v. WestTexas Supreme Court · 1904
- Pittsburg Water Heater Co. v. SullivanTexas Supreme Court · 1926
- Therwhanger v. TherwhangerCourt of Appeals of Texas · 1943
- Gulf, Colorado & Santa Fe Railway Co. v. LemonsTexas Supreme Court · 1918
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