Inhabitants of Wenham v. Inhabitants of Essex
Massachusetts Supreme Judicial Court
Contract to recover the expenses of supporting Clara Williams, a pauper, from April 34 to July 25, 1868. Writ dated July 27, 1868. The defendants, in their answer, denied that the pauper ever had a settlement in their town, or that they were otherwise chargeable with her support.
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Contract to recover the expenses of supporting Clara Williams, a pauper, from April 34 to July 25, 1868. Writ dated July 27, 1868. The defendants, in their answer, denied that the pauper ever had a settlement in their town, or that they were otherwise chargeable with her support. At the trial in the superior court, before Lord, J., these facts appeared in evidence: The pauper having fallen into distress and been relieved by the plaintiffs, the overseers of the plaintiffs’ poor, by a letter dated April 2, 1867, gave notice thereof to the overseers of the defendants’ poor, and requested them to…
1Opinion of the CourtChapman, C. J.
If the plaintiffs, after giving their first notice, had prosecuted their action to final judgment, the defendants would afterwards have been barred from contesting the settlement of the pauper. Gen. Sts. c. 70, § 13. But the action was settled without judgment; and, in order to entitle themselves to recover for the further support of the pauper, it was necessary for the plaintiffs to give a new notice. Attleborough v. Mansfield, 15 Pick. 19. Palmer v. Dana, 9 Met. 587. They gave *120such new notice; and, within a few days afterwards, the defendants wrote them a letter which must be regarded as a…
2Cited by2 opinions
- Milford v. CommonwealthMassachusetts Supreme Judicial Court · 1887
- Stillwell v. KennedyNew York Supreme Court · 1889