Redfearn v. Hines
Supreme Court of Georgia
Appeal. Before Judge Mitchell. . Brooks superior court. December 9, 1904. Hines sued Redfearn in Brooks county, and the defendant filed a plea to the jurisdiction, averring that he was a resident of Thomas county. The trial of this issue resulted in a finding against the plea, and a verdict was rendered against him on the merits of the case. The defendant made a motion for a new trial, which was overruled, and he excepted.
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Appeal. Before Judge Mitchell. . Brooks superior court. December 9, 1904. Hines sued Redfearn in Brooks county, and the defendant filed a plea to the jurisdiction, averring that he was a resident of Thomas county. The trial of this issue resulted in a finding against the plea, and a verdict was rendered against him on the merits of the case. The defendant made a motion for a new trial, which was overruled, and he excepted. The evidence, taken most strongly for the defendant, showed that he was an unmarried man, with his mother and sister living with him, whom he referred to as his family;…
1Opinion of the CourtCobb, J.
The only question argued in -this court was that of jurisdiction. Domicile is determined by act and intention. The evidence undoubtedly discloses an intention on the part of 'the defendant to make Thomas county his' domicile. But the undisputed evidence as to his conduct is such as to clearly indicate that this intention has not been carried into effect. Even if the mother and sister of an unmarried man can be so far treated as his family as to authorize service upon him by leaving process at the place where they are found, these relatives of the defendant had been carried by him from Thomas…
2Cited by3 opinions
- Picklesimer v. SmithSupreme Court of Georgia · 1927
- Stewart v. StewartSupreme Court of Georgia · 1943
- Stewart v. StewartSupreme Court of Georgia · 1943