Legal Opinion · Concurrence

Smith v. Croom

Supreme Court of Florida

Decided January 15, 1857Published

The Appellee, by his counsel, W. Gr. M. Davis, presents hereby a petition that a re-hearing be had of this cause. The petitioner asks for a re-hearing on the following grounds: First.

Read the full summary

The Appellee, by his counsel, W. Gr. M. Davis, presents hereby a petition that a re-hearing be had of this cause. The petitioner asks for a re-hearing on the following grounds: First. That the evidence of the witnesses by whom the fact of the survivorship was sought to be proven, was too contradictory to be relied on in so grave a case, and that the contradictions were such as could only be reconciled upon the idea that the witnesses spoke, of a person whom they assumed to hare been Mr. Groom, as they place the man testified about in places and under circumstances wholly different and…

1Concurrence

Pearson, J.:

Concurring as I do entirely in the opinion and judgment of the Court, I am nevertheless desirous of presenting some further views upon the question of domicil, ■ which has been considered of so much importance in the determination of this cause.. Sundry distinctions have been taken in-the books, in re*200gard to tbe various character and different descriptions of domicil, arrising under local statutes, and Mr. Phillimore, in his work on the subject of domicil, expresses with great propriety his regret that the term had ever been applied, in legal parlance, to any other than the…

2Cases cited3 opinions

  1. Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
  2. Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
  3. Stewart v. FosterSupreme Court of Pennsylvania · 1809

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API