Legal Opinion · Dissent

Eau Claire County v. Milwaukee County

Wisconsin Supreme Court

Decided June 5, 1964Published

1DissentHallows, J.

This case was tried on the issue of whether Goldie Carden had the necessary intention to maintain a residence in Milwaukee county for one whole year so as to gain a legal settlement under sec. 49.10 (4), Stats. The majority opinion holds that a person who no longer has an intention to make Milwaukee her residence and is not physically present in the county nevertheless gains a legal settlement in that county if she has not acquired a domicile elsewhere. The cases previously decided by this court do not so hold.

The question is simply the meaning of the language “who resides in any municipality…

2Cases cited4 opinions

  1. Town of Carlton v. State Department of Public WelfareWisconsin Supreme Court · 1956
  2. Milwaukee County v. State Department of Public WelfareWisconsin Supreme Court · 1955
  3. Waushara County v. Calumet CountyWisconsin Supreme Court · 1941
  4. Marathon County v. Milwaukee CountyWisconsin Supreme Court · 1956

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