A Treatise on the American Law of Elections by George Washington MccraryA Treatise on the American Law of Elections by George Washington Mccrary

A Treatise on the American Law of Elections

byGeorge Washington Mccrary

Paperback | February 8, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1880 Excerpt: ... The rule is stated by Chief Justice Shaw, in Lyman vs. Fiske, (5 Peck. 234,) as follows: "It is difficult to give an exact definition of habitancy, In general terms, one may be designated as an inhabitant of that place which constitutes the principal seat of his residence, of his business, pursuits, connections, attachments, and of his political and municipal relations. It is manifest, therefore, that it embraces the fact of residence at a place with the intent to regard it his home. The act and the intent must occur, and the intent may be inferred from declarations and conduct. It is often a question of great difficulty, depending upon minute and complicated circumstances, leaving the question in so much do.:bt that a slight circumstance may turn the balance. In such a case the mere declaration of the party, made in good faith, of his election to make the one place rather than the other his home, would be sufficient to turn the scale." The article in the appendix to vol. 4 of Dr. Lieber's Encyclopaedia Americana, title Domicile, written by Judge Story, is, perhaps, the best treatise on this subject to be found. He says: "In a strict and legal sense, that is properly the domicile of a person where he has fixed his true, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning." It is often a mere question of intention. If a person has actually removed to another place, with an intention of remaining there for an indefinite time, and as a place of present domicile, it becomes his place of domicile, notwithstanding he may have a floating intention to go back at some future period. A fortiori would this be true if his "floating intention" were to go elsewhere in future, and not to go back, as in such ca...
Title:A Treatise on the American Law of ElectionsFormat:PaperbackDimensions:150 pages, 9.69 × 7.44 × 0.32 inPublished:February 8, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217437877

ISBN - 13:9780217437875

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