In re Thompson
New York Supreme Court
This case came before the court on a certiorari to the common pleas of New-York, to remove certain proceedings had under the 23d section of the act relative to absconding and absent debtors, (1 R. L. 157.) A11 attachment was issued on 13lh April, 1826, against the property of Thompson, on a petition duly presented and verified, stating his indebtedness, and that he resided out of this state.
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This case came before the court on a certiorari to the common pleas of New-York, to remove certain proceedings had under the 23d section of the act relative to absconding and absent debtors, (1 R. L. 157.) A11 attachment was issued on 13lh April, 1826, against the property of Thompson, on a petition duly presented and verified, stating his indebtedness, and that he resided out of this state. Before the appointment of trustees, on an application in behalf of Thompson, the proceedings were certified into the common pleas, where proof was taken as to the residence of the debtor. The court…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Judge Irving,* in a learned and elaborate opinion, has discussed the question, whether, by the circumstances of this case, the dom*45■scil of Thompson has been changed; and has shown that it Was not 66 The domicil is the habitation, fixed in any place, with an intention of always staying there.” (Vattel, 163.) In this sense, he who stops even for a longtime in a place, for the management of his affairs, has only a simple habitation there, but has no domicil. Thus, the envoy of a foreign prince has not his domicil at the court where he resides.’1 (Ibid. 184.) The…
2Cited by49 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- Hollander v. Central Metal & Supply Co.Court of Appeals of Maryland · 1908
- Haggart v. . MorganNew York Court of Appeals · 1851
- Barney v. OelrichsSupreme Court of the United States · 1891
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