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2018 Georgia Code 19-2-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-2-2 Case Law from Google Scholar Amendments to OCGA 19-2-2

TITLE 19 DOMESTIC RELATIONS

Section 2. Domicile, 19-2-1 through 19-2-6.

19-2-2. Election between two or more domiciles; domicile of transients.

  1. If a person resides indifferently at two or more places in this state, the person shall have the privilege of electing which of such places shall be his domicile. If the election is made known generally among those with whom the person transacts business in this state, the place chosen shall be the person's domicile. If no such election is made or if an election is made but is not generally known among those with whom the person transacts business in this state, third persons may treat any one of the places in which the person resides as his domicile and it shall be so held; and in all such cases a person who habitually resides a portion of the year in one county and another portion of the year in another shall be deemed a resident of both, so far as to subject him to actions in either for contracts made or torts committed in such county.
  2. Transient persons whose business or pleasure causes a frequent change of residence and who have no family permanently residing at one place in this state shall be deemed, as to third persons, to be domiciled at such place as they at the time temporarily occupy.

(Orig. Code 1863, § 1645; Code 1868, § 1690; Code 1873, § 1691; Code 1882, § 1691; Civil Code 1895, § 1825; Civil Code 1910, § 2182; Code 1933, § 79-402.)

JUDICIAL DECISIONS

Words "all such cases" refer to preceding portion of subsection (a) of this section dealing with persons who "reside indifferently at two or more places in this state." Jackson v. Taylor, 49 Ga. App. 261, 175 S.E. 259 (1934).

Juror living on county line may serve in county claimed as domicile.

- Juror living in a house which is partly in one county and partly in another is competent to serve in the county in which the juror claims residence, votes, and pays the juror's taxes. Chancey v. State, 141 Ga. 54, 80 S.E. 287 (1913).

In a family violence case in which the respondent has left the family home but has not avowed an intention to remain in that new location, venue is proper both in the county of the family's residence and in the county to which the respondent has relocated. Davis-Redding v. Redding, 246 Ga. App. 792, 542 S.E.2d 197 (2000).

Railroads may be residents of several counties. Watson v. Richmond & D.R.R., 91 Ga. 222, 18 S.E. 306 (1892).

Jury instructions when evidence shows residence in two places.

- In a trial of a plea to the jurisdiction, when the evidence might support a finding of the defendant's residence in either of two places it is not error for the court to charge the provisions of this statute relative to the situation where one resides indifferently in two or more places. Allen v. McDermott, 110 Ga. App. 536, 139 S.E.2d 143 (1964).

Transients.

- Venue and jurisdiction were properly laid in Fulton County when, at time of service, transient defendant had resided temporarily at several places in Fulton County. Patterson v. Citizens & S. Bank, 163 Ga. App. 539, 294 S.E.2d 730 (1982).

Cited in Crawford v. Wilson, 142 Ga. 734, 83 S.E. 667 (1914); Smith v. Ellabelle-Eldora School Dist., 40 Ga. App. 561, 150 S.E. 454 (1929); Georgia Cresoting Co. v. Moody, 41 Ga. App. 701, 154 S.E. 294 (1930); Cunningham v. Spurway, 50 Ga. App. 550, 178 S.E. 762 (1935); Bell v. Stevens, 100 Ga. App. 281, 111 S.E.2d 125 (1959); Grey v. Roboscope Int'l, Ltd. of Ga., Inc., 122 Ga. App. 725, 178 S.E.2d 334 (1970); Stewman v. Magley, 138 Ga. App. 545, 227 S.E.2d 277 (1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Domicil, §§ 6, 25.

C.J.S.

- 28 C.J.S., Domicile, §§ 5 et seq., 13, 14.

ALR.

- Significance of place where one votes or registers to vote on question as to his domicile or residence for other purposes, 107 A.L.R. 448.

Domicile or residence of person in the armed forces, 148 A.L.R. 1413; 149 A.L.R. 1471; 150 A.L.R. 1468; 151 A.L.R. 1468; 152 A.L.R. 1471; 153 A.L.R. 1442; 155 A.L.R. 1466; 156 A.L.R. 1465; 157 A.L.R. 1462; 158 A.L.R. 1474.

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