35 N.C. App. 558 - Burke v. Harrington’s Empirical Analysis
1978
Citation profile
6
cited by 6 later decisions
1
states following
February 2002
most recently cited
6 state decisions
Relationships
Relies on Katherine Inez Hall v. Wake County Board of Elections · Donnell v. Howell · Bailey v. . Hayman · In Re the Estate of Finlayson
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It was well said by the late Justice Oliver Wendell Holmes that ‘a word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and time in which it is used.’ This aphorism finds abundant exemplification in the word ‘residence,’ which has many shades of meaning, ranging all the way from mere temporary presence to the most temporary abode. ‘Residence’ is sometimes synonymous with ‘domicile.’ But when these words are accurately and precisely used, they are not convertible terms. ‘Residence’ simply indicates a person’s actual place of abode, whether permanent or temporary; ‘domicile’ denotes a person’s permanent dwelling-place, to which, when absent, he has the intention of returning. Hence, a person may have his residence in one place, and his domicile in another, (citations omitted.)”
1 later decision quote this exact passage“Once an individual acquires a domicile, it is presumed to continue until a new domicile is established. “The burden of proof rests upon the person who alleges a change.” We apply a three-part test to differentiate between a residence and a domicile. To establish a change of domicile, a person must show: (1) an actual abandonment of the first domicile, coupled with an intention not to return to it; (2) the acquisition of new domicile by actual residence at another place; and (3) the intent of making the newer residence a permanent home .... We must consider the evidence of all the surrounding circumstances and the conduct of the person in determining whether he or she has effectuated a change in domicile.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.