Inhabitants of Milford v. Inhabitants of Greenbush
Inhabitants of Milford v. Inhabitants of Greenbush
Opinion of the Court
I. The voting lists of the town were shown to be lost, and the plaintiffs offered in their stead what they alleged to be copies of those lists. These alleged copies were found apparently recorded from year to year upon the book of town records, and in the hand writing of the successive clerks of the town. Proof that they were in fact copies of the originals was
As to the alleged copy of the list for the year 1869, the plaintiffs were able to prove, and did prove it to bo a copy, by the testimony of the man who made it, and it was admitted as a copy. As to the other alleged copies, there was no evidence from any one who could say that he made them, or saw them made, or had compared them with the originals, or that they were according to his recollection of the originals. Evidence that the man who made the writings was dead was no proof that he made true copies. The fact that he was town clerk at the time and had interjected these unauthorized writings into the town records gave them no evidential value. The plaintiffs simply found some writings in the hand writing of one deceased which they believe to- be copies of the papers lost, but which they were unable to prove to be copies. Their only witness was dead. It was their misfortune.
The authorities cited by the plaintiffs’ counsel are not applicable. This is not a question of the admissibility of a record, or of an entry, where the maker is dead. It is a question of the sufficiency of the evidence that a certain writing was a copy of a lost document. We think the evidence was not sufficient.
II. Upon the issue, whether the pauper had paid any of the taxes assessed against him for several years in the defendant town, the plaintiffs offered the assessors’ books of the defendant town, containing what purported to be a list of the abatements for those years, in wffiich the name of the pauper did not appear. We think it was incompetent. The assessors have nothing to do with the collection of the taxes. The collector’s accounts might afford evidence upon that issue, but the assessors’ list of abatements do not. Non-constat that every tax is paid or abated. The collector often fails to collect where there is no abatement. His own neglect, the insufficiency of his warrant, the poverty of the person taxed, may be the cause of non-collection.
Being printed by the official printer, under official supervision, they are presumably compared and correct copies of the originals. They thus became prima facie copies, and we think are within the principle, admitting printed public documents, in evidence as copies of the original documents. King v. Holt, 5 T. R. 436; Radcliff v. United Insurance Co. 7 Johns. 38; Bryan v. Forsyth, 19 How. 338; Watkins v. Holman, 16 Pet. 58; Whiton v. Albany Ins. Co. 109 Mass. 30.
The legislature has not superseded the use of these printed copies of the records and files in the adjutant general’s office as evidence. Section 113 of chap. 82, E. S., referred to by the plaintiffs’ counsel does not specify any mode of making or proving-copies of such papers. It does not require that all copies used in evidence shall be certified by the adjutant general. It only provides that certain particular facts may be certified by the adjutant general as found upon the records, without the whole
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.