Citation Numbers: 18 Me. 152
Judges: Weston
Filed Date: 4/15/1841
Status: Precedential
Modified Date: 9/24/2021
The opinion of the Court was drawn up by
It appears to us, that the opinion of this Court, in Agry v. Betts et al. 3 Fairf. 415, is well sustained, upon legal principles, and that it is decisive in this case. The
Slasson v. Brown et al. 20 Pick. 437, has been cited as an opposing authority. That depended upon the revised law of Massachusetts, c. 98, for the relief of poor prisoners. That statute confers no power upon the justices, to examine the notification and return. It does not therefore conflict with Agry v. Betts, the statute of Massachusetts not containing the provision, which was the ground of that decision.
Regarding the certificate of the justices as conclusive, the evidence proposed, with a view to control it, is not legally admissible. The appraisal of the notes has had no influence upon the conclusion, to which we have arrived.
Judgment for the defendants.