Tipton v. Tipton
Court of Appeals of Kentucky
Case 43 — PETITION EQUITY APPEAL PROM MADISON COURT OP COMMON PLEAS. Change of domicile is determined by the intention of the party and by the acquisition of a domicile elsewhere by the exercise of acts of citizenship. (State v. Judge, 13 Ala., 806; Harbrough v. Ciscott,33 Mich., 241; McCrary on Elections, section 40; McDowell’s Case, 3 Penn L. P., 310; Mitchell v. U. S., 21 Wall, 253; Demond v. U. S., 93 U. S., 605.) Brief not in record.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the coort.
The appellant, a citizen of Madison county, Kentucky, and owner of real estate on which he lived with his wife and children, in May, 1880, abandoned his wife and children, and left the State, and remained out of the State until November, 1883, when he returned to Madison county and remained there about three months, not, however, visiting his former rest dence, which had remained in the occupancy of his wife and children. He then again left the State and did not return until April or May, 1885, when he remained in Madison county until the first…
2Cited by32 opinions
- Gallagher v. GallagherCourt of Appeals of Texas · 1919
- Pickering v. WinchOregon Supreme Court · 1906
- Warren v. WarrenSupreme Court of Florida · 1917
- Michael v. MichaelCourt of Appeals of Texas · 1904
- Bechtel v. BechtelSupreme Court of Minnesota · 1907
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