Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-12-23
Dsi|y ktnnebee Journal
kENNEeEc COUNTY CASE
Among Rsseripts Handed Down by
Law Court-Adjournmsnt, Today.


down by the law court. They were
as follows:
Kennebec County-winslow VS.. Troy.
Rescript by Savage, j.
Upon marriage, a woman takes
the pauper settlement OF her nus
band, IL ne has any in this State.
4 IF the marriage is subsequently
annuled on the ground of the mental
incapacity of the husband to con-
tract marriage, the woman's pauper
settlement must be regarded as not
affected by the marriage.
3-The same result follows II it is
pfoved that the husband at the time
Of its solemnization was mentally in
capable of contracting marriage.
ESuch a marriage is absolutely void
alb !nitio, and may be impeached col
iaterally, without judgement of null
ity.
5-The court has no jurisdiction to
decree the anuiment Of a marriage up
on the petition of the guardian Of one
Of the parties.
6-The court has no Jurisdiction to
decree the annulment of a marriage,
without notice to the party against
whom the proceeding is brought.
7-When want of jurisdiction in
such case appears upon the face of the
record, the decree is void and may be
attacked cOllaterally.
"a decree of the probate court, up
on application of municipal officers,
adjudging a person to be of unscund
mind and appointing guardian for
him, is void, when it appears that the
fourteen days prior notice authorized
by statute was not given to him, and no
inquisition was had.
9-On such application, without in
QUESTION. the judge of probate can act
only when the statutory notice has
been given and the person affected is
in court. Unless notice has been q en-.
the presence of The person in court and
his consent to the proceedings are not
sufficient 20 give jurisdiction.
s 10-A person vi unsound mind is in
capable of giving consent, or waving
statutory notice.
ia void decree of the probate
court has no prohative force as evil
dence.
12-When it appcars from admitted
or indisputable racts. as shown by the
PVluenCt, tIld n NtldItt IL IlSht, anu
that no other verdict would be sustain
able upon the evidence, all ,ther ques-
tions of law and fact become imma-
terial.
13-In this case, it being conceded
that a marriage was solemniZed be-
tween the pauper and one Lorenzo V.
Pomeroy. the pauper's settlement, il
then in the defendants town, must be
regarded as changed thereby to the
town where her husbands settlement
was. unless it appears that the mar
riage was void, or that it had been an
{ nuIled. The decree of annulment was
void. and there is no competent evil
dence il the case that Pomeroy was
Of unsuund mind at the time of the
marriage. 1t therefore appears con-
. Clusively. that the verdict for the de-
PENDANT was the only one which
could be sustained In any event, upon
the evidence in the case. That being
so, the other questions discussed are
immaterial.
Motions and exceptions overruled.
Reed Dec. ed, 1902.
, PenobScot County-Ira w. Davis vs..
Chas. l.. F'errin. Rescript. Spear. J.
This was an action of trover to re-
cover the value of watch the title to
which was claimed 10y both the plain
, tiff and the defendant
The plaintiff was disclosure COM
missioner, before whom a debtor dis
closed a watch, which was appraised
at five dollars by the commissioner an
assigned. In writing to the credito 81
Ill.
attorney.
The commissioners fees were $5.19,
for the payment of which the petition
ers had made no deposit with their at
tOrney. The attorney, at the request
of the commissioner for his fees, sold
him the watch in payment thereof. One
of the petitioners subsequently OBJ
tanned possession of the watch and re-
fused on demand to deliver it to the
plaintiff Held. that the watch, by the
assignment and delivery to the attor
ney. became the absolute property of
the petitioners, and that the attorney
had no right, by virtue of his agency
as attorney, to sell the watch to the
plaintiff in payment of his fees.
There is no legal principle by which
one person can deprive another of his
property and convey a good title there
to without the owners consent or some
act equivalent thereto, or by the right
of eminent domain.
Exceptions sustained.
Reed Dec. 90, 1902.
Cumberland County. VIM. F. Emery,
Admr. in Eq.. VS.. Henry w. Swasey.
Guardian ct ais. Eescript. Spear. J.
Rill in equity for the construction of
the will of the late Mark p. Emery of
Portland.
Clause six Of his will devised to his
sister Harriet F. r. Dunnell and her
husband. and to the survivor, his home
/, stead farm in Buxton. to have and to
hold the same to them and to the sur