Legal Opinion

Inhabitants of Reading v. Inhabitants of Weston

Supreme Court of Connecticut

Decided June 15, 1828PublishedCited by 2 opinions

This was an action of assumpsit for supplies furnished to Harriet, the wife, and Sally and Lucinda, the minor children, of Samuel Darling.

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This was an action of assumpsit for supplies furnished to Harriet, the wife, and Sally and Lucinda, the minor children, of Samuel Darling. The cause was tried at Fairfield, December term, 1826, before Peters, J. Samuel Darling derived his settlement from his mother Lucy Darling, who had a legal settlement in Weston until March 1808. On the 19th of that month, one Joseph Burr, being the owner in fee of a tract of land lying in Reading, with a dwelling-house standing thereon, of the value of 800 dollars, executed and delivered to her, at said dwelling-house, an absolute deed of these premises.…

1Opinion of the CourtPeters, J.

1. The first ground on which the defendants claim a new trial, is, that the deposition of Lucy Darling was rejected. This was in obedience to the statute, (p. 47.) which directs, that “ the magistrate shall certify the reason of taking such deposition.” But it was not done ; and the omission can no more be supplied by parol, than any other official act of the magistrate.

2. Another ground is, that the declarations of Lucy Darling, while occupying the land in Reading, were admitted. Such declarations are always admitted to shew the nature and extent of such occupation, and as paid of the res…

2Cited by2 opinions

  1. Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1830
  2. In re the City of New YorkNew York Supreme Court · 1938

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