County of Franklin v. County of Henry
Appellate Court of Illinois
Appeal from the Circuit Court of Henry County; the Hon. John J. Glenn, Judge, presiding. A jury was waived in this ease, and the cause was submitted to the Circuit Court upon the following agreed state of facts : “ It is hereby agreed by counsel for plaintiff and defendant that one James Smith, who was and had been in the employ of Mr. Abbott asa farmvlaborer in Henry County, Illinois, for about one week, was, on or about September, 1867, arrested in said county upon the…
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Appeal from the Circuit Court of Henry County; the Hon. John J. Glenn, Judge, presiding. A jury was waived in this ease, and the cause was submitted to the Circuit Court upon the following agreed state of facts : “ It is hereby agreed by counsel for plaintiff and defendant that one James Smith, who was and had been in the employ of Mr. Abbott asa farmvlaborer in Henry County, Illinois, for about one week, was, on or about September, 1867, arrested in said county upon the charge of an assault to commit a rape. That at the October term, 1867, of the Henry County Circuit Court, he was indicted…
1Opinion of the CourtBakeb, J.
The general rule is that persons under legal restraint and insane persons are mca]3able of either losing or gaining a residence. A person confined in prison under the judgment and sentence of a court does not thereby change his residence,and a lunatic confined in añ asylum does not thereby change his residence. The same rule is applied to the case of a pauper who is sent to a poor-house or poor-farm. See Town of Freeport v. Board of Supervisors, 41 Ill. 495, and cases there cited.
James Smith has been either in jail, in the penitentiary, in an insane hospital or in a poor-house since the time…
2Cases cited3 opinions
- City of Peoria v. SimpsonIllinois Supreme Court · 1884
- Town of Freeport v. Board of SupervisorsIllinois Supreme Court · 1866
- Town of Dorr v. Town of SenecaIllinois Supreme Court · 1874
3Cited by1 opinion
- McCormick v. PeopleAppellate Court of Illinois · 1931