Wilkins v. Marshall

Citations

• 80 Ill. 74

Syllabus

<p>1. Residence—whether lost by leming the State. A party who leaves this State, without auy settled intention of acquiring a residence elsewhere, but only with a conditional intention of so doing, does not lose his residence here so long as that intention remains conditional.</p> <p>2. A resident of this Stale left it with a view' to seeking a better climate, and if he found one that suited him, and. everything else was agreeable, of making it his home, but- with no particular place in view. He visited Iowa, Nebraska and Kansas, and in the latter State he took a contract to do some hauling for a railroad bridge being built. There he was taken sick, and returned to his former home in this State, never having acquired a residence or determined to make his residence at any .other place than in Illinois, and having been absent, in all, about seven months: Held, that he did not lose his residence in Illinois.</p> <p>3. Evidence—as to intent of one to change Ms residence. On the trial of a contested election case, where the ground of contest was, that the party-elected had lost his residence by leaving the State, the contestant called the claimant as a witness, and, whilst he was on the witness stand, one of the jurors asked him what was his intention when he went away—was it to make a visit, or for some other purpose ? The contestant, objected to the question, and the court sustained the objection: Held, that the testimony called for by the question was proper, and it was error to exclude it-.</p>