Lauderdale Peerage Claim

17 Abb. N. Cas. 439
CourtNew York Supreme Court
DecidedJuly 15, 1885
StatusPublished
Cited by2 cases

This text of 17 Abb. N. Cas. 439 (Lauderdale Peerage Claim) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lauderdale Peerage Claim, 17 Abb. N. Cas. 439 (N.Y. Super. Ct. 1885).

Opinion

Opinions.

—On the first point indicated in head-note (l),as

to change of domicile, the Earl of Selbokxe, after laying down the principle that “ The onus of proving a change of domicile, animo et facto,- lies upon those who assert it;” adverted to the [446]*446facts in detail, and concluded by saying : “It is not because-a-critical state of health may oblige a man to go, or to remain with the prospect of dying, abroad, that he can be held to have abandoned, either animo or facto, his domicile of ori- ■ gin/’

Upon this point, Lord Fitzgerald added : “The extent to which the -evidence must be carried to put an end to the domicile of origin is explained in clear terms in the Countess of Dalhousie’s Case,

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17 Abb. N. Cas. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lauderdale-peerage-claim-nysupct-1885.