Legal Opinion · Concurrence

Jackson v. Zurbrick

Court of Appeals for the Sixth Circuit

Decided June 27, 1932No. 6069Published

1ConcurrenceSimons, Circuit Judge

I see no escape from the decision of the court upon consideration of the authorities’ *938■cited in its opinion. Some additional comment, however, seems not inappropriate. Ever since it was first held that a departure, however brief and temporary, and without regard to intention to relinquish domicile, makes subsequent return a new entry, courts in border districts have found it difficult to remain silent when the result in human misery of a literal reading of the act has been realized. United States v. Smith (D. C.) 11 F.(2d) 981; United States v. Flynn (D. C.) 17 F.(2d) 524; United States v.…

2Cases cited4 opinions

  1. United States Ex Rel. Karamian v. CurranCourt of Appeals for the Second Circuit · 1927
  2. United States Ex Rel. Klonis v. DavisCourt of Appeals for the Second Circuit · 1926
  3. United States ex rel. Kowalenski v. FlynnDistrict Court, W.D. New York · 1927
  4. Texas Co. v. United StatesDistrict Court, S.D. New York · 1926

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