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· 4/13/1903

Marks v. Germania Sav. Bank

Citations

  • 110 La. 659
  • 34 So. 725
  • 1903 La. LEXIS 690

Syllabus

<p>MARRIED WOMAN — NONRESIDENT-CHANGE OE DOMICILE — EVIDENCE.</p> <p>1. It is settled jurisprudence in Louisiana that laws regulating the privileges and prescribing the disabilities of married women are “personal” statutes, purely domiciliary in character, and do not operate to the benefit of married women domiciled elsewhere than in Louisiana.</p> <p>2. Stated in its briefest form, a change of domicile is accomplished by a change of residence to a new place coupled with the animus manendi.</p> <p>3. While a man’s act in registering himself and wife at hotels as of a certain place may be insufficient in itself to fasten upon him acknowledgment of domicile there, repeated registerings of that kind through two or three years time, and never once as of another place (subsequently claimed, from interested motives, to be his domicile), are strong links in the chain of facts and circumstances going to establish intention to make the place of declared residence his domicile.</p> <p>4.Continuous, uninterrupted declarations, especially at times not suspicious, accompanied by the fact of residence, the removal of personal-property and the exercise of political rights-establish a change of domicile.</p> <p>Breaux, .1., dissenting.</p> <p>(Sj’llahus by the Court.)</p>

How courts have described this case

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  • concluding that Getty Images lacked requisite scienter under § 1202(b) where it “utilized an automated process” that modified “appended copyright management information”

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Judges: Blanchard, Breaux

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