State v. Grant
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Chandler J. presiding. The indictment against Grant was for larceny, wherein he was charged with having stolen a trank and money, “ the property of one Eusebius Emerson of Addison in the county of Washington.”
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Exceptions from the Eastern District Court, Chandler J. presiding. The indictment against Grant was for larceny, wherein he was charged with having stolen a trank and money, “ the property of one Eusebius Emerson of Addison in the county of Washington.” To prove the allegations in the indictment, a witness was called, who testified, that his name was Eusebius Emerson ; that he resided in Addison ; that he was the son of Eusebius Emerson, who also was residing in the same town ; that he, the witness, used formerly to sign his name without the addition of junior, but that for some years, since…
1Opinion of the Court
The opinion of the Court was prepared by
Sheplev J.
— The trunk, which was stolen, is alleged in the indictment to be the property of Eusebius Emerson of Addison. The proof is, that there w’ere in that town two persons of that name, father and son ; and that the trunk was the property of the son, who had usually written his name with junior attached to it. Junior is no part of the name. It is only descriptive of the person.
In Lepiot v. Browne, 1 Salk. 7, and in Sweeting v. Fowler, 1 Stark. R. 106, it was held, that when there are two, father and son, of the same name, the presumption is, that…
2Cited by13 opinions
- State v. CollinsSupreme Judicial Court of Maine · 1972
- State v. PattersonSupreme Court of Missouri · 1881
- State v. SnethenSupreme Court of Iowa · 1976
- Young v. StateSupreme Court of Alabama · 1881
- State v. CairoSupreme Court of Rhode Island · 1948
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