Wright v. City of Boston
Massachusetts Supreme Judicial Court
Contbact to recover the amount of a tax assessed on the personal property of the plaintiff, on May 1, 1876, and paid by the plaintiff under protest.
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Contbact to recover the amount of a tax assessed on the personal property of the plaintiff, on May 1, 1876, and paid by the plaintiff under protest. Trial in this court, before Gray, C. J., who reported the case for the determination of the full court, in substance as follows: The testimony of the plaintiff, who was the only witness in the case, tended to show that in 1858 he acquired a domicil in the town of Brookline, which he retained until the year 1870; that in 1869 he made a. tour in Europe with his family, and returned in October, 1870, at which time his father, with whom he had always…
1Opinion of the CourtMorton, J.
The question whether the plaintiff had his domicil or home in Boston on May 1, 1876, was a question of fact to be determined by the jury under proper instructions. It *164involved an inquiry as to the acts of the plaintiff and the intention with which such acts were done. His testimony as to his intention was not conclusive. So much of the evidence as is reported shows acts of the plaintiff which have a strong tendency to prove that he had established his home in Boston before May 1, 1876. It was for the jury to determine, upon all the evidence, what was the intention of the plaintiff. The court…
2Cases cited2 opinions
- Hancock v. JohnsonCourt of Appeals of Kentucky · 1858
- Allen v. ThomasCourt of Appeals of Kentucky · 1860
3Cited by13 opinions
- Sheehan v. ScottCalifornia Supreme Court · 1905
- Commonwealth v. FataloMassachusetts Supreme Judicial Court · 1962
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1933
- Viles v. City of WalthamMassachusetts Supreme Judicial Court · 1893
- Holyoke v. Estate of HolyokeSupreme Judicial Court of Maine · 1913
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