70 So. 226 | La. | 1915
Defendant prosecutes this appeal from a judgment commanding him to reinscribe plaintiff’s name on the roll of registered voters of the “Wilson” precinct, in the Fourth ward of the parish of East Feliciana, from which he had stricken it on the ground that plaintiff had ceased to be an actual, bona fide, resident of that precinct, ward, and parish, within the meaning of article 197 of the Constitution. The registrar made no appearance in the district court, and issue was joined, between plaintiff, on the one side, and George G. Kelly and Frank M. Norsworthy, Intervening as citizens and
In Estopinal v. Michel, 121 La. 879, 46 South, 907, 19 L. R. A. (N. S.) 759, it was held that defendants, who were bar pilots, living in what may be called barracks, near the mouth of the river, were actual, bona fide, residents of that locality, though .their families resided in homes provided for them in New Orleans.
In State ex rel. Hodges v. Joyce, 128 La. 434, 54 South. 932, it was held that a person living at Ferriday (in this state), in a stationary box car (with an elder brother who was a car inspector), but who had gone to Mississippi under employment there, who “frankly testified that he expected to remain in Mississippi as long as he could hold his present job, but would return to his home at Ferriday if he lost his job, or got sick, or could obtain a better job in Louisiana,” who had left his trunk and part of his clothing in Ferriday, and who had no other abode in this state, was “an actual, bona fide resident of Ferriday, since he had acquired a residence there, and had not changed, or intended to change, it, which ruling is in accordance with the generally accepted doctrine that a domicile once gained remains until another is acquired, and that, where the question is in doubt, the original domicile is to be considered the true one. McCrary on Elections, appendix, p. 462; A. & E. Enc. of Law (2d Ed.) vol. 10, p. 598; State v. Savre, 129 Iowa, 122, 105 N. W. 387, 3 L. R. A. (N. S.) 455, 113 Am. St. Rep. 452; Gravillon v. Richards’ Ex’r, 13 La. 293, 33 Am. Dec. 563.
The judgment appealed from is therefore affirmed.