School Directors v. James
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Chester county. This was an amicable action, brought by the plaintiffs in error, the School Directors for the district composed of the borough of West Chester, against Francis James, guardian of the minor children of William Gibbons, deceased, in which the following case was stated for the opinion of the court, to be considered in nature of a special verdict:— On the first day of February 1836, Francis James, then and until the present time…
Read the full summary
ERROR to the Common Pleas of Chester county. This was an amicable action, brought by the plaintiffs in error, the School Directors for the district composed of the borough of West Chester, against Francis James, guardian of the minor children of William Gibbons, deceased, in which the following case was stated for the opinion of the court, to be considered in nature of a special verdict:— On the first day of February 1836, Francis James, then and until the present time resident in the borough of West Chester aforesaid, was appointed by the Orphans’ Court of Chester county, guardian of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
As this case has no precedent, we must decide it on grounds of reason and analogy; and in order to do so, it is necessary to premise certain principles about which there is no dispute. The domicil of an infant is the domicil of his father, during the father’s lifetime, or of his mother during her widowhood,- but not after her subsequent marriage; the domicil of her widowhood continuing in that event to be the domicil of her child. A husband cannot properly be said to stand in the relation of a parent to his w'ife’s children by a previous…
2Cases cited1 opinion
- Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813
3Cited by10 opinions
- Allgood v. WilliamsSupreme Court of Alabama · 1890
- Johnson v. Copeland's Adm'rSupreme Court of Alabama · 1860
- Lewis v. County of ChesterSupreme Court of Pennsylvania · 1869
- West Chester School District v. DarlingtonSupreme Court of Pennsylvania · 1861
- Wheeler v. HollisTexas Supreme Court · 1857
5 more not listed; retrieve them via the Exa API.