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Supreme Court· 2/18/1875

Mitchell v. United States

Citations

  • 88 U.S. 350
  • 22 L. Ed. 584
  • 21 Wall. 350
  • 1874 U.S. LEXIS 1375

Syllabus

<p>A resident of a loyal State, who, after the 17th of July, 1861, and just after the late civil war had become flagrant, went, under a military pass of a Federal officer into the rebel States, and in November and December, 1864, bought a large quantity of cotton there (724 bales), and never re turned to the loyal States until just after that and when the war was not far from its close — when he did return to his old domicile — having, during the time that he was in the rebel States transacted business, collected debts, and purchased the cotton, held, on a question whether he had been trading with the enemy, not to have lost his original domicile, and accordingly to have been so trading.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “A domicile once acquired is presumed to continue until it is shown to have been changed.”
  • “domicile once acquired is presumed to continue until it is shown to have been changed”
  • “A domicil once acquired is presumed to continue until it is shown to have been changed.”
  • “domicile once acquired is presumed to continue until it is shown to have been changed”
  • “Mere absence from a fixed home, however long continued,” does not mean that a certain domicile is destroyed
  • “By the term domicile, in its ordinary acceptation, is meant the place where a person lives and has his home.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Swayne

Read full opinion on CourtListener

Cited by

160 cases in this archive cite this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.