Public-domain · open source
OpenJurist
← 401 So. 2d 776 - Jacobs v. Ryals

401 So. 2d 776 - Jacobs v. Ryals’s Empirical Analysis

1981

Citation profile

9
cited by 9 later decisions
1
states following
September 2018
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently September 2018

9 state decisions

401981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Ex Parte Weissinger · Wilkerson v. Lee · Rabren v. Mudd

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “' " 'A change of domicile cannot be inferred from an absence, temporary in character, and attended with the requisite intention to return. To the fact of residence in the new locality there must be the added element of the animus manendi before it can be said that the former domicile has been abandoned. The intention to return is usually of controlling importance in the determination of the whole question.... " ' " '... As a general proposition a person can have but one domicile, and when once acquired is presumed to continue until a new one is gained facto et animo, and what state of facts constitutes a change of domicile is a mixed question of law and fact.... " ' " 'One who asserts a change of domicile has the burden of establishing it.... And "where facts are conflicting, the presumption is strongly in favor of an original, or former domicile, as against an acquired one,”
    5 later decisions quote this exact passage
  2. “"This cause having been submitted to the court on the pleadings, testimony taken ore tenus , evidence introduced during the trial, and the briefs and arguments of counsel, the court finds the following: ". . . . "At the conclusion of the evidence, closing arguments and following the submission of briefs, this court determines that [M.L.H., D.M., and B.L.] were registered voters and residents of Bakerhill, Alabama, on August 24, 2004, having been such more that Thirty (30) days prior to the election. That they received applications for absentee balloting along with the actual Absentee Ballot simultaneously. That said Applications were submitted in proper form to the Absentee *Page 449 Election Manager and would have been received in a timely fashion had the Absentee Election Manager not been absent from the office on the last three business days prior to the week of the subject election, without securing a properly trained alternate, thus leaving said office vacant. That the subject electors subsequently mailed their absentee ballots, without accompanying Affidavit, to said Manager, who clearly was not adequately or properly trained. That due to negligence, misconduct, fraud and/or corruption on the part of the Absentee Election Manager, and/or others without proper authorization acting in his stead, Absentee Affidavit envelopes were not provided to the subject voters, which prevented a fair, free and full exercise of the elective franchise , and following testimony that the s”
    1 later decision quote this exact passage
  3. “misconduct, fraud, or corruption on the part of an election official,”
    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.