Rockwood v. Whiting
Cases that cite this one
7 later published cases cite this decision.
- Wilcox v. Riverside Park Enterprises, Inc. (Mass. 1987)
- Durr v. Hardesty (S.D. 1956)
- Smith v. Pasqualetto (District Court, D. Massachusetts 1956)
- Sargent v. Stetson (Mass. 1902)
- Hibernian Banking Ass'n v. Commercial National Bank (Ill. 1895)
- Converse v. Johnson (Mass. 1888)
- Whitcomb v. Keator (Wis. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the well settled construction of the Gen. Sts. c. 155, § 9, and of the statute of New York from which it was taken, a person who has a domicil and actual residence in another state, and only comes into this state occasionally, or even for a few hours daily, is “ absent from and resides out of the state,” and the statute of limitations does not run in his favor. Milton v. Babson, 6 Allen, 322. Burroughs v. Bloomer, 5 Denio, 532.
In Turner v. Shearer, 6 Gray, 427, the defendant was in this state, though in • prison during the whole time in question, and there was no evidence that he had ever acquired a domicil elsewhere. Judgment for the plaintiff.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.