Inhabitants of Brooksville v. Inhabitants of Bucksport

Supreme Judicial Court of Maine

Inhabitants of Brooksville v. Inhabitants of Bucksport

73 Me. 111, 1882 Me. LEXIS 1

DecidedMarch 30, 1882

StatusPublished

This text of 73 Me. 111 (Inhabitants of Brooksville v. Inhabitants of Bucksport) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Inhabitants of Brooksville v. Inhabitants of Bucksport, 73 Me. 111, 1882 Me. LEXIS 1 (Me. 1882).

Pincite

Opinion

Peters, J.

The brief of the defendants’ counsel admits that judgment must go for the plaintiffs, unless the doctrine be established, that an emancipated minor can gain a settlement for himself by residence in a town for five consecutive years. The statute expressly prevents such a thing. “ A person of age, having his home in a town five successive years . . . has a settlement therein.” R. S., c. 24, § 1, mode 6. This does not permit a person of non-age to do so. And it was so judicially declared in Veazie v. Machias, 49, Maine, 105.

It has frequently been said, speaking generally, that a minor who has been emancipated may acquire a legal settlement in his own right, and the statement without qualification is misleading. He may acquire a settlement in his own right under certain mo.des and-conditions, but not in all the modes prescribed by statute for acquiring settlements, and not by residing in a town continuously for five years.

Defendants defaulted.

Appleton, C. J., Barrows, Virgin, Libbey and Symonds, JJ., concurred.

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Peters, J.

The brief of the defendants’ counsel admits that judgment must go for the plaintiffs, unless the doctrine be established, that an emancipated minor can gain a settlement for himself by residence in a town for five consecutive years. The statute expressly prevents such a thing. “ A person of age, having his home in a town five successive years . . . has a settlement therein.” R. S., c. 24, § 1, mode 6. This does not permit a person of non-age to do so. And it was so judicially declared in Veazie v. Machias, 49, Maine, 105.

It has frequently been said, speaking generally, that a minor who has been emancipated may acquire a legal settlement in his own right, and the statement without qualification is misleading. He may acquire a settlement in his own right under certain mo.des and-conditions, but not in all the modes prescribed by statute for acquiring settlements, and not by residing in a town continuously for five years.

Defendants defaulted.

Appleton, C. J., Barrows, Virgin, Libbey and Symonds, JJ., concurred.

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Bluebook (online)

73 Me. 111, 1882 Me. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inhabitants-of-brooksville-v-inhabitants-of-bucksport-me-1882.