Inhabitants of Phillips v. Inhabitants of Kingfield
Supreme Judicial Court of Maine
This was an action of assumpsit for supplies furnished the wife and daughter of one Isaiah Wood, who was alleged in the plaintiffs’ writ to have his legal settlement in the town of King-field. The general issue was pleaded and joined.
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This was an action of assumpsit for supplies furnished the wife and daughter of one Isaiah Wood, who was alleged in the plaintiffs’ writ to have his legal settlement in the town of King-field. The general issue was pleaded and joined. The plaintiffs introduced evidence tending to show7 that the said Wood had resided and had his home in his father’s family a year previous to, and was residing and had his home in Kingfield on the 24th day of January, 1816, the day of the incorporation of said town; and also that he had his residence there on the 21st day of March, 1821. The defendants…
1Opinion of the Court
The opinion of the Court was delivered by
Shepuet J.
One of the questions presented relates to the manner of examining a witness, who is introduced to prove that another witness is unworthy of credit. The authors of the elementary treatises on evidence do not perfectly agree in this matter; and the cases upon which they rely for their statements, are generally those arising at nisi prius, where there was little examination or discussion of principle. The rule as stated by Peake is, that “ viva voce evidence to destroy the credit of a witness must be that of persons, who have known his general…
2Cases cited2 opinions
- People v. MatherNew York Supreme Court · 1830
- In re Judicial Settlement of Account of RobertNew York Supreme Court · 1886
3Cited by14 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- Smith v. StateMississippi Supreme Court · 1881
- Fenner v. CommonwealthSupreme Court of Virginia · 1929
- Beecher v. Common CouncilMichigan Supreme Court · 1897
- State v. RiversOhio Court of Appeals · 1977
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