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65 N.H. 9

17 A 977

State v. Palmer

Supreme Court of New Hampshire

Decided December 5, 1888

Supreme Court of New Hampshire · decided 1888-12-05

Indictment of th.e defendants, as supervisors of the town of Barrington, for refusing to place upon the check-list in March last the name of Dr. John S. Daniels. Dr. Daniels is thirty-seven years old and unmarried. He was born in Barrington, graduated at a medical college in 1875, and practised his profession in Barrington until May, Í884. Since his father’s death in 1888 he has owned the homestead place, subject to a life estate in his mother.

Cited by 1 later decisions — most recently June 1947

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-12-05

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Blodgett, J.

¶1 The facts involved in the question of domicil were either physical or mental. None of the physical facts bearing upon the question being in controversy, the mental fact of intention was necessarily the sole issue for the jury to determine; and if they should believe Dr. Daniels’s testimony, that he never intended to abandon his home in Barrington, or to acquire a home in Rochester, his legal domicil would of course be in Barrington, and entitle him to vote there.

¶2 The instructions complained of were legally correct.

¶3 Exceptions overruled.

Carpenter, J., did not sit: the others concurred.
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