Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 74

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...left it sixteen years ago, an intention to return and take up his abode there at some future time. If this intention was and is merely a floating one, he is at once confronted with this difficulty, that his abode in Washington having become a place of fixed present domicile not in any way the result of a temporary absence for a particular purpose, it is suflicient to establish a residence there; and although there may be, and may always have been, a floating intention to return to Charles County at some future period, still that circumstance will not defeat the newly acquired residence or the rights and obligations which attach to it. Ringgold vs. Barley, 5 Md., 193; St0ry's Gonf. Laws, sec. 46; Shaefer vs. Gilbert, 73 Md., 66. If, on the other hand, the intention was afixed one to return at a definite time, the statute prescribes (in cases to which it is applicable) that an actual return to the State, in addition to making the affidavit, shall be the evidence of the existence of such an intention; and Mr. Lancaster did not return to and resume his residence in Maryland. Under the statute no mere intention, however strong--and at best, when not made manifest by exterior acts which alone give it palpable form, it is but a revocable mental purpose--can, of itself without more, make a non--resident la resident of a locality different from that which is his actual, fixed, present domicile. He must do the things which the statute requires to be done--he must make the aflidavit, and he must actually return to Maryland. There is nothing whatever in the record, apart from the appellant's own declarations with respect to his intentions, to-show that he claims a legal residence in Charles County; and these declarations are more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236749162
  • 9781236749161