83 N.Y.S. 847 | N.Y. App. Div. | 1903
This is a proceeding under the provisions of section 31 of chapter 909 of the Laws of 1896, by Patrick J. McCormack, a student* of St. Joseph’s Seminary at Dunwoodie, ¡N. Y., to compel the board of registry of the first election district of the seventh ward of the city of Yonkers to enter his name as an elector. The moving papers do not disclose the original residence of the petitioner; they recite that he was born on the 10th day of, December, 1880; " that
Section 3 of article 2 of the State Constitution provides: “ For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States ; * * * nor while ■a student of any seminary of learning,” etc. It is important, in considering the rights of the petitioner, that it should be known where his previous residence had been and what steps he had taken looking to an abandonment of such residence, for the law is well settled that the previous residence remains for the purposes of voting until a new one has been acquired, and there can be no such ■acquisition merely by an abode as a student in an institution of learning. (Matter of Goodman, 146 N. Y. 284, 288.) If the petitioner was a resident of the State of Rhode Island and came Into the State of Hew York for the purpose of entering St. Joseph’s
The order appealed' from should be affirmed, with ten dollars costs and disbursements.
Bartlett, Hirschberg, Jenks and Hooker, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.