Clark v. Hammock

Nichols, Justice.

A quo warranto proceeding was brought to have the office of the respondent, a school board member, declared vacant upon the ground that she had vacated such office by moving her domicile from the district which she represented. The jury found against the respondent, her motion for new trial was overruled and the present appeal filed. Held:

1. The trial court instructed the jury: "There must be a concurrence of actual residence and the intention to remain to acquire a domicile.”

Accordingly, the refusal of the trial court to charge this principle of law in the exact words…