Massachusetts Reports (133); Cases Argued and Determined in the Supreme Judicial Court of MassachusettsGeneral Books, 2009 - 482 pages This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1883. Not illustrated. Excerpt: ... In an action by one town against another for the support of a female pauper, the main issue was whether the pauper's husband, who was an alien, and was assessed and paid taxes in the defendant town from 1837 to 1845, and resided there until April 1, 1846, was domiciled there on April 1, 1836. The plaintiff offered in evidence a certified copy from the town clerk's records of another town, purporting to be the copy of a marriage certificate made in April 1837, certifying that the magistrate joined the pauper's husband and a former wife in marriage on Ma3r 24,1836, and describing the husband as of the defendant town. The plaintiff also introduced evidence that the husband had lived in the defendant town several months before his first marriage, but the witnesses were unable to fix the date of that marriage. The defendant admitted that the husband was married to his first wife on the day named in the certificate; but objected to the admissibility of the certificate to show that at that time the husband was a resident of the defendant town. But the judge admitted it as prima facie evidence that the husband's residence was in the defendant town on the day named, but not of his residence there before that date. Held, that the defendant had no ground of exception. In an action against the town of H. for aid furnished a female pauper in 1878 and 1879, it appeared that the husband of the pauper, an alien, being of age, lived in H. ten years from 1836 to 1846, and paid taxes there for five years during that time; and died in 1872, never having been naturalized. Held, that, under the Gen. Sts. c. 69, 1, cl. 12, and the St. of 1868, c. 328, as amended by the St. of 1871, c. 379, the husband of the pauper gained a settlement in H., and that the pauper gained a derivat... |
