Aldabe v. Aldabe’s Empirical Analysis

Citation profile

6 federal appellate · 46 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is stated by Professor Beale (1 Beale, Conflict of Laws, pp. 149, 150) : ‘It is not enough that a man desires to acquire or keep a “legal residence” or “legal domicil;” the intention necessary for the acquisition of a domicil is an intention as to the fact, not as to the legal consequences of the fact. “A man’s home is where he makes it, not where he would like to have it.” . . . "One cannot have his only home in one place and a domicil in another, as he may have a mere residence in one place and a domicil elsewhere. A place which is a man’s home must be his domicil (except where he has in fact more than one home). The intention requisite to acquire a domicil is the intention to have a home, and that is the only legally relevant intention; the domicil follows as a legal consequence, without regard to whether the consequence is desired or not. . . . ’ “Under these rules the Aldabes were domiciled in California, notwithstanding where they wished to live. . . . “The evidence which was introduced, both in the Nevada and California actions, with reference to the parties’ declarations of intent, their banking, shopping, voting and car registrations were, therefore, merely evidence of a desire to enjoy some of the benefits of Nevada residence, evidence which, because it collided with the fact that they made their only home in California and intended to do so, became legally irrelevant. ’ ’”

   1 later decision quote this exact passage
   e.g. 245 Cal. App. 2d 40 - Johnson v. Johnson