Marlborough v. Sisson
Supreme Court of Connecticut
This was an action on the case. The declaration embraced two counts. The first stated that, on the 8th of January, 1851, one Samuel Ingraham, an aged and infirm man, nearly eighty years old,- and who had no legal settlement in the town of Marlborough, was residing in the town of East Haddam, and being, from age and infirmity, unable to sup-port himself, and, having no means of subsistence, was chargeable to, and supported by, said town of East Haddam ; and the defendants,…
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This was an action on the case. The declaration embraced two counts. The first stated that, on the 8th of January, 1851, one Samuel Ingraham, an aged and infirm man, nearly eighty years old,- and who had no legal settlement in the town of Marlborough, was residing in the town of East Haddam, and being, from age and infirmity, unable to sup-port himself, and, having no means of subsistence, was chargeable to, and supported by, said town of East Haddam ; and the defendants, who were then, and now are, inhabitants of said town'of East Haddam, and having property liable to taxation, and being…
1Opinion of the CourtEllsworth, J.
The defendants ask a new trial, because, first, there was no evidence of the existence of a tax, legally imposed upon' the pauper, and secondly, the court mistook the law in its instructions to the jury.
Samuel Ingraham, the pauper, was born in that part of Colchester which is now Marlborough, and is therefore settled in Marlborough, unless he has since acquired a’settlement elsewhere; which the plaintiffs insist is the fact. The burden of proof is, therefore, on them. This supposed new settlement is said to be gained in Weybridge, in Vermont, which settlement, according to our decisions,…
2Cited by5 opinions
- Rathbone v. City Fire InsuranceSupreme Court of Connecticut · 1862
- Hull v. DouglassSupreme Court of Connecticut · 1906
- Smith v. KingSupreme Court of Connecticut · 1892
- Town of Morris v. Town of PlymouthSupreme Court of Connecticut · 1867
- Leavitt v. FletcherSupreme Court of New Hampshire · 1880