Inhabitants of Greece v. Inhabitants of Windham
Supreme Judicial Court of Maine
This was an action of assumpsit for the support of a pauper named Alice Wade. The question in dispute was, where was the legal settlement of the pauper, which was alleged by the plaintiffs to be in Windham. The pauper was legally married to John Wade on the 4th of November, 1816, at the house of her father, Timothy Wright, in Lewiston.
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This was an action of assumpsit for the support of a pauper named Alice Wade. The question in dispute was, where was the legal settlement of the pauper, which was alleged by the plaintiffs to be in Windham. The pauper was legally married to John Wade on the 4th of November, 1816, at the house of her father, Timothy Wright, in Lewiston. It was proved, that after the marriage, they removed to Greene, about three miles distant, and lived together and kept house two or three months, when they disagreed, and she went to her father’s in Lewiston, complaining of an illicit cohabitation of her…
1Opinion of the Court
*228The opinion of the Court, after a continuance, was drawn up by
Weston C. J.
The residence of the wife is evidence of the domicil of the husband ; but it is not conclusive. If he has abandoned her, or she has abandoned him, he may establish his domicil elsewhere. Dixmont v. Biddeford, 3 Greenl. 205. Whoever removes into a town, for the purpose of remaining there for an indefinite period, thereby establishes his domicil in that town. It is not necessary that he should go, with a fixed resolution to spend his days there. He might have in contemplation many contingencies, which would induce him to…
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