Canadian Pac. Ry. Co. v. Wenham
U.S. Circuit Court for the District of Southern New York
Action upon a judgment in favor of plaintiff against defendant in United States Circuit Court, Northern District of Illinois, for moneys fraudulently converted. Motion to set aside service of the summons and to dismiss this action, brought by an alien, on the ground that defendant is not an inhabitant of this district.
1Opinion of the Court
RACOMBE, Circuit judge.
Undoubtedly the question whether a person, who has removed himself from one district to another, has thereby become an inhabitant or resident of the district where. he is- living and doing business when served with process is to be determined principally by his intent. His own declaration as to his intent, however, especially when made after he has* become appreciative of the consequences of a change of domicile, are not controlling. In the case at bar, in view of the defendant’s admissions as to his past conduct, his declarations as to..anything have little probative…
2Cases cited1 opinion
- Pacific Mut. Life Ins. Co. of California v. TompkinsCourt of Appeals for the Fourth Circuit · 1900
3Cited by1 opinion
- E. I. Du Pont De Nemours & Co. v. ByrnesCourt of Appeals for the Second Circuit · 1939