Legal Opinion

Culhane Adjustment Co. v. Farrand

South Dakota Supreme Court

Decided May 18, 1914PublishedCited by 4 opinions

Appeal from -Circuit Court, Brookings County. Hon. -CaRI, G. Si-uiRWOOD, Judge. Action iby the Culhane Adjustment Company against John D. Farrand, upon a judgment. From an order Vacating an' attachment, defendant appeals. There is a distinction between “residence” andi “domicile,” and even the word “residence” depends upon the statute ‘in or the purpose for which it is used. One may 'have a residence in one state and a domicile in another.

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Appeal from -Circuit Court, Brookings County. Hon. -CaRI, G. Si-uiRWOOD, Judge. Action iby the Culhane Adjustment Company against John D. Farrand, upon a judgment. From an order Vacating an' attachment, defendant appeals. There is a distinction between “residence” andi “domicile,” and even the word “residence” depends upon the statute ‘in or the purpose for which it is used. One may 'have a residence in one state and a domicile in another. Section 207, Code Civil Procedure; Lawton v. Adlard (Minn.), 48 N. W. 1019; Raymond v. Lei'shman (Pa.) 89 Atlantic, 791; Union Nat. Bank v. Finley (Ind.)…

1Opinion of the CourtMcCOY, J.

[1] This is an appeal -from an order vacating an attachment. It appears that -the respondent, prior to the 27th day of July, 1913, was engaged in the restaurant business at Brook-ings, and on said date sold and disposed of -his restaurant busin-es-s, under an agreement not to engage in such business in Brookings for the period of one year; that on the 6th day of September, 1913, respondent broke up housekeeping in Brookings, rented 'his residence for the period--of one year, stored his household goods in a room reserved in his residence, and removed with his family to Decorah, la., where he…

2Cases cited6 opinions

  1. Hanson v. GrahamCalifornia Supreme Court · 1890
  2. Lawson v. AdlardSupreme Court of Minnesota · 1891
  3. Cousins v. AlworthSupreme Court of Minnesota · 1890
  4. Pech Manuf'g Co. v. GrovesSouth Dakota Supreme Court · 1895
  5. State ex rel. Johnson v. StarkeySupreme Court of Minnesota · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Moses v. NobrigaHawaii Supreme Court · 1920
  2. Davis v. BryantMontana Supreme Court · 1922
  3. Brekke v. WaiteSouth Dakota Supreme Court · 1915
  4. Pfeifer v. Sheehan Saddlery Co.South Dakota Supreme Court · 1922

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