The Bismarck tribune., 1935-01-28

election and had at that time taken
with him all Of his effects and had
retained no room at Larimore.
4. One Rowe was held to have .
residence In Larimore. He had work
ed for one Pifer and went wherever
the latter sent hts work gang. He
always returned to Pliers home In
Larimore.
In the summary Of the case the
court says:
THE question Of residence must be
determined from all the facts and
circumstances surrounding the per-
son, as related to his residence and
the intention must be accompanied
by acts in harmony with the declar-
ed intention. and notwithstanding
one may testify that his intention
was to make his home In q certain
place. II his acts are Of character
to negative his declarations or be in
consistent with them. 1t IS clear that
the court cannot be governed by his
testimony as to his intent
Mention Bismarck Case
O'Hare VS.. Bismarck Bank, 45 ND
GAL: 178 NV l0l7.
This Is an action to quiet title to
property which the petitioner alleges
was q homestead Of Q third party
against whom judgments had been
docketed by the defendant bank.
The facts bearing upon the con-
tinuance Of residence Of the third
party to the homestead and as to the
validity Of the claim for homestead
exemptions were these: the property
had been rented to tenants who &C.
cupied the home for twenty years prior
to the commencement of the suit with
the exception Of one small room on
! the second floor In which q conglom-
Grafton OF old furniture was held for
the third party. The court refused
to believe the testimony that the
homesteader had slept In the dreary
room one night month for the pur-
pose Of maintaining residence. Held,
no residence existed.
Smith vs.. Smith, Z ND 404; IS NV
783.
An action for divorce. Trial de
move on the record.
The court considered only the jur-
isdictional question Of the residents
Of the complainant.
The only facts tending to show that
the complainant had residence IN
North Dakota were these: that he ar
rived at jamestown in october, 1895,
and stayed there about seven days
while consulting an attorney con-
cerning the intended divorce action.
after which he returned to Washing
ton where he had been employed
since 1871 in the Treasury Depart
ment, while claiming q residence and
voting in New York state. This dt-
vorce action was commenced In
March, 1896, and complainant came
back to this state in July, 1896. Com
plainant testified it was his inten-
ton when first coming to jamestown
to make that his permanent resi-
dence. Held: No residence establish
ed, and the court was without jurts-
diction:
"The evidence, viewed as q whole
and considered in the light thrown
upon it by the surrounding circum-
stances of the case, irresistibly leads
us to conclude that the plaintiff
came into the state in October. 1895,
for Z temporary purpose only" (7S4)
Motive Is Immaterial
THE motive Of taking up . resi-
dence Is usually immaterial except
so far as it may throw light upon the
bona fides Of the domictle." (785)
Smith VS.. Smith, 10 N. D. 2l9; e6
NV 72l.
The appellant was plaintiff below
in this action for divorce. judgment
for the defendant was affirmed be-
cause the plaintiff was without re-
sidence In this state.
| The plaintiff came into North Da-
kota in June, 1893, and remained va
riously at Fargo, Bismarck, ano
Grand Forks until December, 1898
and upon the day when the summons
in this action was served he lett I'M
mediately for Chicago and points IN
New York state. He returned to
North Dakota in the fall Of 1899, re-
naming one week and then returned
to New York state. He returned 70
North Dakota in September, 1900
and applied for this divorce. The
court thought it particularly improb-
able that the plaintiff was practic'
ing his calling Of "penman during
his weeks visit to North Dakota.
Holtan vs.. Beck, 20 N. D. 5: l25
NV 1048.
Action in the nature Of quo war
ranto.
Defendant appeals and is sustained
In his appeal.
Subsequent to an election TOR the
office of sheriff Of Mclean county
which Beck won, the territory Of the
county was divided to make Sheridan
county. The commissioners Of Nc.
Lean county, after Beck had taker
his oath and entered upon the duties
Of his office, conferred the Office ol
sheriff upon Holtan In view Of Becks
disqualification because Of residence
In Sheridan county. Beck refused tc
yield the records Of the shertff's o.
flee. The only admissible evidence
| in the trial was an affidavit offered
by Holtan in which Beck had stated
he resided at McClusky." which the
court found to be in Sheridan coun.
ty. Held, Beck must be continued
in office Is sheriff for the sole rea-
son that the plaintiff has failed te
show 'by clear and satisfactory evil
dence" his title to the office.
Emmons County Wul Case
Re Volk's Estate. IS N. D. SIT: 2l4
NV 708.
An attempt to probate the will U
this case in Emmons county was con-
tested on the ground that the resi-.
idence OF the decedent was In Pierce
county where he died. The testatol
had settled In Emmons county on .
homestead and had lived there from
1859 until 1907 when he sold thu
homestead to his son. It Is admit.
/ ted that his domicile remained II
Emmons county until 1923. At that
time he made q visit to Canada ant
returned to live with relatives u
Pierce county until the time Of hi
death. After returning from Can
ada he had funds which were retain
| ed by him In an Emnnons county
bank transferred to . bank In Pierce