Ritter v. Etchison

Citations

• 86 Md. 206
• 37 A. 795
• 1897 Md. LEXIS 103

Syllabus

<p>Elections and Voters—Appeals in Registration Cases—Residence— Registration.</p> <p>The Act of 1896, ch. 202, provides that appeals in registration cases shall be taken within five days from the date of the decision complained of. In this case an appeal was prayed from the order of the Court below within five days after the same was passed, but the bill of exceptions was not signed until after that period. Held, that a motion to dismiss the appeal should be overruled because if the appeal in a registration case is taken within the time limited, the bill of exceptions may be presented and signed in accordance with the general practice regulating appeals.</p> <p>A. was adjudged to be a qualified voter of M. County by an order of Court in September, 1895. In October of that year he removed with his family to Washington, D. C., but made an affidavit under the Act of 1890, chap. 573, to the effect that he did not intend to change his residence but proposed to return. He paid taxes in M. • County and on April 1, 1896, returned to his house there. His place of business and one of his homes were in Washington and he lived in M. County only from April to November of each year. The Act of 1896, chap. 202, provides that if a person be shown to have acquired a residence in one place it shall be presumed to continue until it be affirmatively shown that he has acquired a residence elsewhere. Held, that under these circumstances A. is entitled to be registered as a voter in M. County.</p>