Legal Opinion

Barrett & Williford v. Black, Cobb, & Co.

Supreme Court of Georgia

Decided March 15, 1858PublishedCited by 5 opinions

Certiorari, from Floyd county. Decision by Judge Hamtiíond, at February Term, 1858. J. R. Saxon, a citizen of Rome, Floyd county, having committed a crime, fled to the State of Alabama, where he remained ; his wife, however, continued to reside in Rome.

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Certiorari, from Floyd county. Decision by Judge Hamtiíond, at February Term, 1858. J. R. Saxon, a citizen of Rome, Floyd county, having committed a crime, fled to the State of Alabama, where he remained ; his wife, however, continued to reside in Rome. After his’0departure from the State, and in May, 1857, Barrett & Williford sued out an attachment for $42 50, returnable to a Justices’ Court; and in June thereafter, Black, Cobb & Co. sued out an attachment for $77 60, returnable to the Superior Court. Both attachments were levied upon property belonging to Saxon, by a bailiff. E. P.…

1Opinion of the Court

By the Court.

Benning J.

delivering the opinion.

When it is shown that a man has acquired a domicil, it will be • presumed that he retains that domicil until it be shown that he has changed it for another. This may be assumed.

It was shown that Saxon had acquired a domicil at Rome. It was shown that he was residing there with his wife.

Now, was it also shown that he had changed this domicil ? All that was shown in proof that he had, was, that he, after wounding a man, had fled into Alabama. And even for the proving of this, we have to trust to the petition for *153eertiorari of the party, Hot to the…

2Cited by5 opinions

  1. Mabee v. McDonaldTexas Supreme Court · 1915
  2. Benson v. HerbstCourt of Appeals of Tennessee · 2007
  3. McLeod v. McLeodSupreme Court of Georgia · 1915
  4. Bell v. StevensCourt of Appeals of Georgia · 1959
  5. McDuffie Oil & Fertilizer Co. v. IlerCourt of Appeals of Georgia · 1922

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