Landaff v. Atkinson
Superior Court of New Hampshire
This was assumpsit, for the support of Moses French, Clarissa his wife, and their two children Stephen and Elvira. The case was tried on the general issue, and a verdict was taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case.
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This was assumpsit, for the support of Moses French, Clarissa his wife, and their two children Stephen and Elvira. The case was tried on the general issue, and a verdict was taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case. The pauper, Moses French, if he had a settlement in Atkinson, derived it from Thomas French, his father, who testified that, according to his best knowledge and belief, he, the witness, was born in said Atkinson, in the year 1758, which was at that time a part of Plaistow ; that his father lived in that part of Plaistow…
1Opinion of the CourtUpham, J.
In this case it is objected, that the evidence was not sufficient to justify rendering a verdict in favor of the plaintiff, for the reason that no evidence was offered that the pauper was the legitimate child of Thomas French, the father. Had this proof been required at the trial, it would have been essential.
The marriage, and that the pauper is the issue of the marriage, must be proved ; but when the actual descent is proved, very slight evidence will be sufficient in the first instance to establish the legitimacy. 17 Vin. Ab. Presumption, a; 14 Pet. Ab. 443, note. As Thomas French was…
2Cases cited3 opinions
- Inhabitants of Townsend v. Inhabitants of BillericaMassachusetts Supreme Judicial Court · 1813
- Inhabitants of Canton v. BentleyMassachusetts Supreme Judicial Court · 1814
- Inhabitants of Chelsea v. Inhabitants of MaldenMassachusetts Supreme Judicial Court · 1808