Lorillard v. Lorillard

The majority opinion rests on the Volin case, which, in turn, rests on Levy v. Levy, 256 Ala. 629, 56 So.2d 344. In my humble opinion, Levy and Volin are not the same.

In the Levy case, complainant’s “bald assertion” of residence was accompanied by numerous protestations undertaking to depose that while complainant had been in Alabama only two weeks, complainant entertained during that two weeks an intention to acquire permanent residence in Alabama. The complainant protested too much in the Levy case and by these protests raised a presumption that her intention was not what she said it was.

As…