Howland v. Granger
Supreme Court of Rhode Island
Assumpsit for money had and received. The action was brought to recover the amount of a tax assessed upon the personal estate of the plain tiff by the assessors of taxes of the city of Providence, the plaintiff having paid the tax to the city treasurer under protest. The husband of the plaintiff was, on the day of the assessment, a domiciled inhabitant of the city of Providence.
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Assumpsit for money had and received. The action was brought to recover the amount of a tax assessed upon the personal estate of the plain tiff by the assessors of taxes of the city of Providence, the plaintiff having paid the tax to the city treasurer under protest. The husband of the plaintiff was, on the day of the assessment, a domiciled inhabitant of the city of Providence. The plaintiff was at said time living in Asheville,- North Carolina, for her health, with the intention of making said place her permanent home.
1Opinion of the Court
Matteson, C. J.(1) The question raised on the agreed statement of facts is whether a married woman, while the unity of the marriage relation exists undisturbed between them, can acquire a domicile other than that of her husband. In behalf of the plaintiff it is contended that she can. The contention rests on the argument that the common law status of a married woman by which her legal existence is suspended during the marriage, or merged in that of her husband, .1 Blacks. Com. 422, has largely ceased to obtain in modern times, and especially in this State, where the law recognizes her as…
2Cases cited3 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1852
- Hairston v. HairstonMississippi Supreme Court · 1854
- Beard v. KnoxCalifornia Supreme Court · 1855
3Cited by4 opinions
- Town of Watertown v. GreavesCourt of Appeals for the First Circuit · 1901
- Younger v. GianottiTennessee Supreme Court · 1940
- Gallup American Coal Co. v. LiraNew Mexico Supreme Court · 1935
- Thompson v. StalmannU.S. Circuit Court for the District of Nevada · 1905