Vanderpoel v. O'Hanlon

• Decision Date: 06 April 1880
• Citation: 5 N.W. 119,53 Iowa 246
• Parties: VANDERPCEL v. O'HANLON ET AL
• Court: Iowa Supreme Court

5 N.W. 119

53 Iowa 246

VANDERPCEL v. O'HANLON ET AL

Supreme Court of Iowa, Des Moines

April 6, 1880

Appeal from Johnson Circuit Court.

THE petition states that the plaintiff, in March, 1878, was a "legal voter and elector," and that being such he was entitled to vote in a certain ward in Iowa City, in Johnson county, at an election then being held. That defendants were judges of said election, and, against the protest of the plaintiff, required him to submit to an examination touching his right to vote, and required him to take a prescribed oath. Upon taking such oath he tendered his ballot to the defendants and demanded that it be deposited in the ballot-box, which the defendants unlawfully, corruptly and maliciously refused to do, to the great injury and damage of the plaintiff, for which he asked judgment. The allegations of the petition were denied; trial by jury verdict for the plaintiff for three hundred dollars, for which judgment was rendered. The defendants appeal.

REVERSED.

S. H Fairall, Chas. Baker and Geo. J. Boal, for appellants.

Milton Remley and S. M. Finch, for appellee.

OPINION

SEEVERS, J.

The material facts are, that in January, 1875, the plaintiff was nineteen years of age, and his home or residence was with his father in Mitchell county, in this State. At that time he was sent by his father to the State University at Iowa City for the purpose of completing his education, and was still attending said school in March, 1878, when he offered to vote. His father furnished the means required for the plaintiff's expenses and for the payment of such fees as were required at the University.

His father's home in Mitchell county was the plaintiff's "headquarters" or residence during vacations except when he was absent from there on hunting or other excursions. At the time he offered to vote the plaintiff was unmarried and twenty-two years of age. In response to a question as to his intention to make Iowa City his home after he ceased to attend the University, the plaintiff, being then on the witness stand, answered as follows: "I didn't know what I would do after I had graduated. I was not aware that I would ever leave Iowa City. I did not know what I would do afterwards. I was at that time (when he offered to vote) without any intention." Whether the plaintiff was a legal voter depends on the question whether he was a resident of Johnson county at the time he offered to vote. As to this we have to say:

The qualification of voters is defined in the constitution, article 2, section 1, as follows: "Every male citizen of the United States, of the age of twenty-one years, who shall have been a resident of this State six months next preceding the election, and of the county in which he claims his vote sixty days, shall be entitled to vote * * * ." Code, 772.

If it was the intention of the plaintiff to return to Mitchell county when he had finished his education, it would probably be conceded that his place of residence, within the meaning of the constitution, continued to be in Mitchell county during all the time he was absent. And, on the other hand, it would probably be admitted, if, when he went to Iowa City, or at any time thereafter before he offered to vote, his intention was to make that place his home and residence when he ceased to attend the University, that such place was and became his place of residence in such sense...