McHenry v. State ex rel. Rencher

Citations

• 119 Miss. 289
• 80 So. 763

Syllabus

<p>1. Counties. Removal of supervisor. Residence. Evidence.</p> <p>Where, in proceedings to oust a supervisor from office the defendant testified positively that his domicile was within his district, and a state witness testified that he lived in another place, such testimony of the state witness, while competent under the circumstances of the case in last analysis, simply gave the conclusion of the witness upon a mixed question of law and fact and of itself alone was not sufficient to justify a verdict for the state.</p> <p>2. Counties. Supervisor. Legal domicile. *</p> <p>Under Constitution 1890, section 176, and Code of 1906, section 292 (Hemingway’s Code, section 3664), providing that a member of the board of supervisors must be a resident freeholder of the district from which he is chosen and own real estate within the district, such member may while maintaining a home within his district have a temporary home in another place.</p> <p>3. Domicile. Domicile of husband. Right of wife to fix.'</p> <p>A husband’s domicile cannot be fixed by any election on the part of the wife.</p> <p>4. Counties. Supervisor. Choice of domicile. Intent.</p> <p>Where a supervisor owned a home within his district where he conducted most of his business and claimed it as his legal domicile, the fact that his wife and children temporarily resided outside of his district did not preclude him from claiming such home as his legal domicile.</p> <p>5. Same.</p> <p>In a proceeding to oust a member of the board of supervisors on the ground that his domicile was not in the district, the fact that he was introduced on one occasion as a resident of another place was not important.</p> <p>6. Domicile. Nature and elements.</p> <p>A person’s residence is the place of his domicile, or the place where his residence is fixed, without any present intention of removing therefrom.</p> <p>7. Same.</p> <p>Even where a party has two residences, that will be esteemed his domicile which he himself selects, or