Barrett & Williford v. Black, Cobb, & Co.
Supreme Court of Georgia
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…
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