Legal Opinion

LeHardy, Thesmar & Co. v. Dibble

Supreme Court of South Carolina

Decided July 8, 1908No. 6946PublishedCited by 6 opinions

Before Prince, J., Richland, July, 1907. Motion in case of LeHardy, Thesmar & Co. against L. V. Dibble. Prom order refusing motion, defendant appeals. cite: Residence means “domicile,” which depends on intention as well as location: Code of Proc., sec. 141; 47 S. C., 98; 24 Ency., 696-699; 10 Ency., 9; 6 h R. A., 717; 1 Speer Eq., 13; Code 1902, 2489; 5 Stat, 108; 22 Ency.

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Before Prince, J., Richland, July, 1907. Motion in case of LeHardy, Thesmar & Co. against L. V. Dibble. Prom order refusing motion, defendant appeals. cite: Residence means “domicile,” which depends on intention as well as location: Code of Proc., sec. 141; 47 S. C., 98; 24 Ency., 696-699; 10 Ency., 9; 6 h R. A., 717; 1 Speer Eq., 13; Code 1902, 2489; 5 Stat, 108; 22 Ency. P. & P., 779. Domicile is not changed without intention to do so: 14 Cyc., 838, 841; 10 Ency., 17, 18; 1 Speer Eq., 15; 14 Cyc., 851, 856, 857, 859, 861. cite: Question of residence is one of law and fact: 37 S. C., 86.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice; Gary.

The following statement is set out in the record:

“This is an action, begun March 14, 1907, by cotton buyers in Savannah, for alleged damages on cotton bought from defendant, on guaranteed weights and grades, by which plaintiffs shipped to Bremen and sold there, the sworn graders of the Bremen Cotton Exchange having, after arrival of the cotton in Bremen, made reports of deficiencies, which plaintiffs were forced to make good in money. The complaint alleges that defendant is a resident of the City of Columbia, county and State above…

2Cited by6 opinions

  1. Sample v. BedenbaughSupreme Court of South Carolina · 1930
  2. Roof v. TillerSupreme Court of South Carolina · 1940
  3. St. Clair v. St. ClairSupreme Court of South Carolina · 1935
  4. Sanders v. Allis Chalmers Manufacturing Co.Supreme Court of South Carolina · 1959
  5. Ernandez v. MillerSupreme Court of South Carolina · 1958

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