Inhabitants of Augusta v. Inhabitants of Windsor
Supreme Judicial Court of Maine
This was an action of assumpsit for the support of Absalom Howes and family, as paupers, whose settlement was alleged to be in Windsor, in consequence of his having his home and dwelling there on the 21st day of March, 1821 — and to this point much testimony was introduced by both parties.
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This was an action of assumpsit for the support of Absalom Howes and family, as paupers, whose settlement was alleged to be in Windsor, in consequence of his having his home and dwelling there on the 21st day of March, 1821 — and to this point much testimony was introduced by both parties. Artemas Kimball, a witness for the plaintiffs, testified that on the 15th of March, 1821, he served a writ against said Howes in Windsor — that he made inquiries of several persons where said Howes resided in said Windsor — and then left the summons at a house and from his recollection had no doubt of its…
1Opinion of the Court
The opinion of the Court was delivered by
Shepley J.
The first exception taken is to the admission of the testimony of Artemas Kimball. His testimony is in substance, that he made inquiries for the residence of the pauper, and made service of a writ upon him by leaving a summons at a house in Windsor, on the fifteenth day of March, 1821. He did not state the answers of any one respecting his residence. The argument is, that the jury would infer, and be improperly influenced by such inferences. And so they might, perhaps, if he had stated only the fact of service, have inferred, that he made…
2Cases cited1 opinion
- Nicholls v. WebbSupreme Court of the United States · 1823
3Cited by9 opinions
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- Town of Derby v. Town of SalemSupreme Court of Vermont · 1858
- Johnson v. CowdreyNew York City Court · 1892
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