Doss v. Campbell
Supreme Court of Alabama
EanoR to the Circuit Court of Dallas. Tried before the Hon. Geo. Goldthwaite. We contend that the lex rei sites, and not the lex loci con* tractusj must govern. Giving operation to a foreign law, rests in mere comity. All that relates to the remedy must be determined by the lex fori.
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EanoR to the Circuit Court of Dallas. Tried before the Hon. Geo. Goldthwaite. We contend that the lex rei sites, and not the lex loci con* tractusj must govern. Giving operation to a foreign law, rests in mere comity. All that relates to the remedy must be determined by the lex fori. Pickering v. Fisk, 6 Ver. 102 j 2U. S. Dig. 437, § 24. The distinction between real and personal actions at civil law, is taken and exemplified in Saul v. His Creditors, 3 La. 585; Story’s Confl, of Laws, § 157; Lord Eldon’s Doctrine, cited by Story, (Confl. of L., § 171;) see also § 174. The idea of tacit…
1Opinion of the Court
DARGAN,. G. J.
The slaves in controversy belonged to the wife of the claimant before their intermarriage; they re- ■ sided in Texas at the time of the marriage, and the wife had the slaves in .her possession; they afterwards removed to Alabama,bringing the slaves with them; the husband being in possession of the slaves,.they were levied on in this State, to satisfy a debt owing by" him.. It was also shown, that by the laws of Texas the husband acquired no title to the property of-the wife, in con- • sequence of his marriage, but that she retained it to herself as Ivor separate property.- Upon…
2Cited by7 opinions
- Drake v. GloverSupreme Court of Alabama · 1857
- Irwin v. BaileySupreme Court of Alabama · 1882
- Grote v. PaceSupreme Court of Georgia · 1884
- Mueller v. MuellerSupreme Court of Alabama · 1899
- O'Connor v. O'ConnorCalifornia Supreme Court · 1933
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