Legal Opinion

In re Rice

New York Court of Common Pleas

Decided October 8, 1875Published

One Isaac S. Rice applied to this court to be naturalized and by an affidavit attached to his application showed that-he was born in Germany in the year 1850, and came to.

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One Isaac S. Rice applied to this court to be naturalized and by an affidavit attached to his application showed that-he was born in Germany in the year 1850, and came to. New York when he was only six years old, in 1856, in company with his parents, with whom he resided until he was sixteen years old, when, under' their direction, he returned to Germany for the purpose of completing his education; that he remained in Germany for three years, when, having completed his course of study, he returned to his parents in this city, with whom he had since resided. He furthermore averred that, from…

1Opinion of the CourtRobinson, J.

The domicile of the applicant, from 1856 to 1866, when living with his parents, in this city, was the-same as theirs. (Story on Conflict of Laws, § 46; Sprague v. Litherberry, 4 McLean, 442.)

Being sent by them to Germany when sixteen years of age for a temporary'purpose—to wit, to acquire an education —the residence of his parents not being changed, and no *23intention being entertained, on his or their part, on his being sent or during his stay there, that he should remain in Germany or separate himself from his family; his residence continued to be that of his parents.

Our Election laws (2 R.…

2Cases cited1 opinion

  1. Sprague v. LitherberryU.S. Circuit Court for the District of Ohio · 1848

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