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Cases cited for the legal proposition you have searched for.

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1

...establish the animus manendi are: Declarations of the party; the exercise of political rights; the payment of personal taxes; a house of residence, and a place of...necessary. Either without the other is insufficient. Mere absence from a fixed home, however long continued, cannot work the change. There must be the animus to change the prior domicile for...


Court: U.S. Supreme Court
Date: Oct 1, 1874 Cited By: 125 Coram: 1
2

.... On the final hearing the plaintiff did not testify as to residence or his animus manendi, as the cause was dismissed at the outset...referred to the animus manendi as intention to remain permanently or for an "unlimited" time. In Hardin v. McAvoy and Gallagher v. Philadelphia Transp. Co., supra, it was held that too much emphasis...attaching an incorrect significance to the word `permanent' sometimes used in discussing the animus manendi requisite in acquiring a new domicile, with the result of incorrectly concluding, from...


Court: District Court of Appeal of Florida, Third District.
Date: May 27, 1964 Cited By: 13 Coram: 1
3

...advisory master. In Tracy v. Tracy, 60 N. J. Eq. 25, 46 Atl. 657, Vice Chancellor Pitney held in effect that the mere sworn statement of the petitioner as to the animus manendi was...: "Since mere residence, without animus manendi, will not support a divorce suit, the existence of the animus manendi must be proved as fully as other material facts are required to be proved. The sworn...intention of removing therefrom, and it was well said by the special master, in his finding in this case, that mere residence, without an animus manendi, will not support a divorce suit, and that the...


Court: COURT OF CHANCERY OF NEW JERSEY
Date: Dec 21, 1910 Cited By: 1 Coram: 1
4

...only must the residence at the place chosen for the new domicile be actual, but to the factum of residence there must be added the animus manendi." The petitioner's maiden name was...of the animus manendi. For reasons stated in McGean v. McGean, I am unable to accept this statement. However, independent of that conclusion, I think that the time she had been...without a thought of getting a divorce, and intends to make New Jersey his or her home, is sufficient to establish the animus manendi which is necessary in order to give the court jurisdiction. I am of the...


Court: COURT OF CHANCERY OF NEW JERSEY
Date: Jun 22, 1900 Cited By: 3 Coram: 1
5

.... . . . There must exist in combination the fact of residence and animus manendi —' which means residence and his intention to return [ sic]; so that under this...animus manendi from the fact of the new residence, since it is explained by the fact of office holding. It makes no difference whether the office is elective or appointive; nor is it material...


Court: U.S. Supreme Court
Date: Dec 15, 1941 Cited By: 230 Coram: 1
6

...place, both as to actual residence or occupancy and as to the animus manendi. 4. Taxation — Change of Domicile — Place Where Taxes Are Due...locality and an intention to make such locality a permanent abiding place — both a residence and the animus manendi. The defendant's own testimony is to the effect that he acquired his domicile...listed by the taxpayer in the township in which he resides, the residence in such instances being interpreted as the place of domicile. 3. Same — Residence — Animus...


Court: Supreme Court of North Carolina
Date: Sep 1, 1922 Cited By: 14
7

.... Domicile is a compound of fact and law. Traditional formula requires conjunction of physical presence and animus manendi in the new location to bring about a domiciliary change. Sweeney v. District.... 350, 353, 22 L.Ed. 584, stated the rule as to circumstances establishing the animus manendi as follows: "When the claimant...proved. Among the circumstances usually relied upon to establish the animus manendi are: Declarations of the party; the exercise of political rights; the payment of personal taxes; a house...


Court: United States Court of Federal Claims.
Date: Jul 12, 1956 Cited By: 1 Coram: 1
8

...declarations, which are competent on this point (Matter of Newcomb, 192 N.Y. 238), show an absence on her part of animus manendi in California. Her...animus manendi in California is essential to establish her domicile of choice in California and to make out the alleged change of her domicile of origin. But there is an absence of proof of her...animus manendi in California. This is fatal to the contention of contestant that Mrs. McElwaine ever established a domicile of choice in California. It is incumbent on those...


Court: Surrogate's Court of the City of New York, New York County
Date: Jun 1, 1912 Cited By: 1 Coram: 1
9

...language of Mr. Justice Depue in Harral v. Harral, 39 N. J. Eq. 279, 51 Am. Rep. 17, that "to the factum of residence must be added the animus manendi, and that place is the domicile...determining the animus manendi, the declarations of the claimant are material and important, yet, as was said by Vice Chancellor Van Fleet in Firth v. Firth...residence, in fact, in the city of New Orleans, had also an animus manendi, his domicile was there, until he changed it. * * * "The general rule in respect to the acquisition of a new...


Court: CIRCUIT COURT OF NEW JERSEY
Date: Jan 5, 1925 Cited By: 3 Coram: 1
10

...be honest, the action genuine and the evidence to establish both, clear and convincing. The animus manendi must be actual with no animo revertendi. A temporary residence for a temporary...


Court: Court of Appeals of the State of New York.
Date: May 19, 1908 Cited By: 308 Coram: 1
11

...he cannot stay in the new home if called away to the army does not prevent his forming the animus manendi and acquiring the domicile there...change of residence, unless to the fact of residence elsewhere be added the animus manendi; for a domicil, having once been acquired, continues until a new one is actually acquired animo et...


Court: The Supreme Court of Washington.
Date: Jun 8, 1939 Cited By: 12 Coram: 1
12

...manendi. Dicey Conf. Law, 85. Consequently, any conduct or act of the subject which is inconsistent with animus manendi will annul his declaration or will give it a futuritive significance...choice, once established, is presumptively retained until it is shown affirmatively that it was either abandoned or changed by him. In order to constitute such change both animus, or intent...vote there." While not high evidence of animus, this is not contradicted. Animus may be established prima facie by proof of declarations of the de cujus. Intention, although a...


Court: Surrogate's Court of the City of New York, New York County
Date: Mar 1, 1914 Cited By: 4 Coram: 1
13

...there must be a conjunction of physical presence and animus manendi in the new location. The question is always one of compound fact and law, and one which the trial judge, having an opportunity.... Both are alike necessary. Either without the other is insufficient. Mere absence from a fixed home, however long continued, cannot work the change. There must be animus to change the prior...


Court: United States Court of Appeals, Fifth Circuit.
Date: Jan 17, 1951 Cited By: 46 Coram: 1
14

.... 402, 406-407 (1950). The term "residence," as used in our Divorce Act, includes not only the factum of residence but also the animus manendi, since...be actual, that to the factum of residence there must be added the animus manendi, that that place is the domicile of a person in which he has "voluntarily" fixed his habitation, not...permanent home. As stated above, the factum of residence and the animus manendi prove the domicile. Consequently, the "intention" to acquire new domicile, and not the "purpose" in making the...


Court: Superior Court of New Jersey, Appellate Division.
Date: Feb 6, 1958 Cited By: 46
15

...an intention to abandon the old domicile. As it has been frequently expressed, there must be a concurrence of the fact and the intent, the factum and the animus manendi. If the...intended to live at Vine Grove permanently. In the absence of contradictory evidence we think this testimony must be accepted as establishing the animus manendi on appellant's part which, concurring..., 41 S.W.2d 583, says: "* * * if a person engaged in military service by animus ad factum establishes a residence near but outside the military post, with...


Court: Court of Appeals of Kentucky.
Date: Jun 19, 1942 Cited By: 14 Coram: 1
16

...and the animus manendi which is necessary for a voting residence is not present. Justice Donges in the case of Snyder v. Callahan...with approval the language of Mr. Justice Depue in Harral v. Harral, 39 N. J. Eq. 279, 51 Am. Rep. 17, that— 'to the factum of residence must be added the animus manendi, and that place is the domicile...determining the animus manendi, the declarations of the claimant are material and important, yet, as was said by Vice Chancellor Van Fleet in Firth v. Firth, 50...


Court: CIRCUIT COURT OF NEW JERSEY, PASSAIC COUNTY
Date: Dec 26, 1930 Cited By: 2 Coram: 1
17

...the word "permanent" sometimes used in discussing the animus manendi requisite in acquiring a new domicile, with the result of incorrectly concluding, from plaintiff's testimony, that he anticipated...moving to Washington, Georgia to go back and farm as soon as he had made enough money in Florida, that, as matter of law, plaintiff's residence in Florida was not joined with the requisite animus...manendi. For instance, in Maple Island Farm v. Bitterling, 8 Cir., 196 F.2d 55...


Court: United States Court of Appeals, Fifth Circuit.
Date: Jan 10, 1955 Cited By: 22 Coram: 1
18

...taking up of such residence and of the intention of remaining there — the animus manendi. The avowal that the object in moving to the other jurisdiction is for that purpose is only an...manendi, i.e., the intention of remaining indefinitely in the new residence, and the intention not to return to the old, i.e., the animus non revertendi, are essential elements of... chosen for the domicile must be actual; to the factum of residence must be added the animus manendi; and that place is the domicile of a...


Court: Supreme Court of New Jersey.
Date: Jun 30, 1949 Cited By: 43
19

...transparently set up to maintain a voting residence without any animus manendi. If the new statute means anything it means and expressly says in subdivision (c) that factors other than expressed...


Court: Appellate Division of the Supreme Court of New York, Third Department.
Date: Oct 29, 1971 Cited By: 14
20

...suit was brought, that residence must be bona fide, that is, there must have existed at the time the suit was filed the animus manendi, and the decree in that case was reversed because it was not...such removal, or the animus manendi. There is no word of testimony in this record from Colonel Kennedy, or otherwise, as to the animus manendi. This must exist for at least three...the animus manendi during all that period of time and so resided in the state for as long as two months before filing his suit for divorce. Inasmuch as that proof was not made, we must hold that his...


Court: Supreme Court of Arkansas
Date: Apr 5, 1943 Cited By: 18 Coram: 1

Cases cited for the legal proposition you have searched for.

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