Inhabitants of Fayette v. Inhabitants of Chesterville
Supreme Judicial Court of Maine
On exceptions and motion to set aside the verdict from the superior court. Assumpsit for pauper supplies furnished by the plaintiff town to Fred J. Fales from January to May, 1882, whose pauper settlement was alleged to be in the defendant town.
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On exceptions and motion to set aside the verdict from the superior court. Assumpsit for pauper supplies furnished by the plaintiff town to Fred J. Fales from January to May, 1882, whose pauper settlement was alleged to be in the defendant town. At the trial it was admitted that the father of the pauper had his settlement in Chesterville at the time the pauper became of age, December 20, 1877. And an important question in the case was, whether the pauper had mental capacity sufficient to acquire a settlement of his own; his father, with whom he continued to reside, having acquired a new…
1Opinion of the CourtPeters, C. J.
Whether the pauper had mental soundness sufficient to render him capable of being emancipated from parental control by.arriving at the age of twenty-one years, and of acquiring a settlement for himself after that time, was one of the questions at the trial of the cause to the jury. No doubt, it should be mental soundness amounting to sanity,— sanity in respect to the matter to be investigated. The test must be one peculiar to the question to be decided. It is adaptable to circumstances.
The judge submitted to the jury this test: "To find that a person has capacity to acquire a settlement,…
2Cited by8 opinions
- Wray v. Fairfield Amusement Co.Supreme Court of Connecticut · 1940
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- In re Allowance of Last Will of ReedSupreme Judicial Court of Maine · 1951
- Levesque v. ChanSupreme Judicial Court of Maine · 1990
- Caron v. PrattSupreme Judicial Court of Maine · 1975
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