Frost v. Barber
U.S. Circuit Court for the District of Southern New York
Action by Meshech Frost against Ohio C. Barber. On application to take deposition of plaintiff.
1Opinion of the Court
LACOMBE, Circuit Judge.
The frequent use of the words “residence” and “domicile” in the long line of authorities cited is not persuasive, because the facts differed so much from those in the suit at bar. In those cases the witness was actually living at the place of his residence or domicile. In the case at bar (assuming, for the sake of argument, that the efforts to secure technical residence in New Jersey were futile) the plaintiff is a citizen of Ohio, where his domicile was from the time he was seven years old, and where he had voted for many years; but, after the death of his wife and the…
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