Thompson v. Warner

• Decision Date: 24 March 1896
• Citation: 34 A. 830,83 Md. 14
• Parties: THOMPSON, OFFICER OF REGISTRATION, ET AL. v. WARNER.
• Court: Maryland Court of Appeals

34 A. 830

83 Md. 14

THOMPSON, OFFICER OF REGISTRATION, ET AL. v. WARNER.

Court of Appeals of Maryland

March 24, 1896

Appeal from circuit court, Montgomery county.

Proceedings by Brainard H. Warner against Thomas F. Thompson, officer of registration for election district No. 13 of Montgomery county, and another, to compel complainant's registration as a voter. From a decision in favor of complainant defendants appeal. Reversed.

Argued before McSHERRY, C.J., and BRYAN, BRISCOE, PAGE, ROBERTS, and BOYD, JJ.

Edward C. Peter, for appellants.

Ashley M. Gould, Marion Dorian, C. W. Prettyman, H. W. Talbott, and Thomas Dawson, for appellee.

BRYAN J.

It was decided, after proper proceedings, in the circuit court for Montgomery county, that Brainard H. Warner should be registered as a voter. If he had been a resident of the state of Maryland for a year and of Montgomery county for six months next preceding the ensuing election, he was entitled to be registered; but not otherwise. We will examine the evidence offered to prove residence. It was shown: That from the year 1885 to 1892 he resided continuously at No. 2100 Massachusetts avenue, Washington, D. C. That in the spring of 1892 he purchased land in Montgomery county, and built a dwelling house thereon. That about July of that year he, with his family, moved to this house from his house in Washington and remained there until November, when he returned, with his family, to Washington. That he left two minor sons in his house in Montgomery, with a family to care for them, and that they remained there until the next spring. That he and his family, with the exception of his two sons, occupied his Washington house continuously until May or June, 1893, when he removed to the Montgomery house, which he continued to occupy until October or November of that year. He then returned, with his family, to his Washington house, where he continued to live until about May, 1894, when he closed his house in Washington, and returned, with his family, to the Montgomery house, and continued to live there with his family until about the 16th day of November of the same year. He then closed his house in Montgomery, and returned to his Washington house, where he continued to live with his family until about the 29th day of May, 1895 when he closed his house in Washington, and returned to his house in Montgomery, where he and his family continued to live until the day this testimony was taken, which was on the 1st day of November of the same year. That in February, 1895 he rented his Montgomery house to a friend of his,--a Mr. Upshur,--who continued to occupy it as a tenant until the 25th of May of the same year. That on the 2d day of May he spent the night in the house as a guest of Mr. Upshur, to comply with the provisions of the registration law. And that he paid taxes in the District of Columbia on his bonds and personal securities. Warner, on the 16th of November, 1894, made before the clerk of the circuit court for Montgomery county the affidavit required by the act of 1890. Warner was undoubtedly a resident of Washington from 1885 to 1892. It was in his power to remove his residence to Maryland if he thought proper to do so. It was a very easy thing to do. If he had broken up his establishment in Washington, abandoned his residence there, and made his home in Montgomery, there could have been no question about the matter. But sometimes the change of residence cannot be proved by clear and unambiguous...