96 Me. 311 | Me. | 1902
The question submitted to the jury was whether Charles Ayer, in November, 1899, continued to hold his derivative pauper settlement in the plaintiff town of Atkinson, or whether he had acquired a settlement in his own right in the defendant town of Orneville, by having his home in that town from December, 1882, to October, 1888, more than five successive years, without receiving supplies as a pauper. ■ The jury sustained the latter contention and returned a verdict in favor of the plaintiff. The case comes to this court on exceptions and motion to set aside the verdict as against evidence.
I. The exceptions. It was contended in behalf of the defendants that the. pauper’s residence in Orneville was interrupted in 1883, by his removal to Milo in the summer of that year, and having his home with his father for a few months in that town, and again in 1884, by having his home for a few months in the autumn of that year in a “little shack or shanty” near lieald’s Mills in the town of Lagrange. The books of the collector of taxes of Orneville for the years 1883-4-6-7 and 8 were received in evidence for the purpose of showing that the taxes assessed against the pauper in those years were in fact paid by him. The collector had deceased, and the books were admitted upon the testimony of his son identifying the books, and his father’s handwriting in the entries in blue pencil opposite the name of Charles Ayer, showing that the tax for each of the years above named was marked “paid.” The defendants excepted “to the admission of the collector’s books and to the testimony of the son in relation to them.”
The defendants’ second bill of exceptions is as follows: “It was in evidence that some time in 1883 Charles Ayer packed up his goods in the town of Orneville where he was then living, and moved somewhere and said he was going to Milo to live and take care of his father. The defendants undertook to show that a few days before Charles moved away, his father, who lived in Milo, came to see him, and the defendants offered to show the conversation between Charles and his father at that time as to moving away to Milo, but the court excluded it because it did not accompany some act, an act of preparation to leave town or while returning.
“It was in evidence that a few days after the conversation with his father, Charles packed up, moved from the house in Orneville and said he was going to Milo.”
This bill of exceptions also utterly fails to show that the defendants were aggrieved by the ruling excepted to.
It is a familiar principle that “when an act is admissible in evidence as indicating an intention, declarations accompanying and explanatory of that act are also admissible.” Deer Isle v. Winterport, 87 Maine, 37, and cases cited. But it appears from this bill of exceptions that
II. The motion. The burden was undoubtedly on the plaintiffs who set up five years’ continuous residence of the pauper in the defendant town, to establish that proposition by a preponderance of the evidence. Monroe v. Hampden, 95 Maine, 111; Ripley v. Hebron, 60 Maine, 379.
After a careful reading and comparison of all the evidence in the case and a review of the arguments of counsel, it is the opinion of the court that there is a preponderance of evidence tending to show that, notwithstanding an apparent change of dwelling-place in 1883, the legal home of Charles Ayer remained in Orneville during that year.
But more difficulty is experienced in regard to the defendants’ second proposition that there was a removal to the town of Lagrange in the fall of 1884. Upon this branch of the case the testimony was sharply conflicting. The report discloses strong and apparently reliable testimony that Charles Ayer removed to Heald’s Mills in Lagrange in October or November, 1884, with Ids family and household goods, and occupied a small “shanty” there, owned by Thomas S. Heald, as a dwelling-place for six weeks or two months in the fall of that year.
On the other hand, Thomas S. Heald, who owned and operated the mills there, testifies that he owned the “shanty” alleged to have been occupied by Ayer, and that it was occupied throughout that season by another man, and that Ayer never worked for him, never had permission to occupy the “ shanty” and never did occupy it to his knowledge. This was corroborated by other testimony tending to show that Ayer did not dwell in Lagrange, but did live in Orneville during that season.
Motion and exceptions overruled. Judgment on the verdict.