Legal Opinion

Town of Rochester v. Town of Chester

Superior Court of New Hampshire

Decided February 15, 1826PublishedCited by 8 opinions

This was an action of assumpsit for the support of Elisabeth Smith, a pauper, alleged to have her settlement in Chester. The cause was tried here, September term, 1824, on the general issue, and a verdict found for the defendant.

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This was an action of assumpsit for the support of Elisabeth Smith, a pauper, alleged to have her settlement in Chester. The cause was tried here, September term, 1824, on the general issue, and a verdict found for the defendant. The defence was, that the pauper had acquired a settlement in Rochester, by owning real estate in that towm, and residing therein four years ; and the court instructed the jury, that if they believed, from the evidence, that the pauper had been the owner of real estate in Rochester, of the value of $150, during four years, and had dwelt and had her home there the…

1Opinion of the Court

Green, J.*

The decision of the first question in this ease depends on the construction of that part of our statute of January 1st, 1796, which prescribes the fourth mode of gaining a settlement, and which provides, that u any person of “ twenty-one years of age and upwards, having real estate of “ the value of $150, or personal estate of the value oi ⅞250, “ in the town or district, where he dwells and has his home, u and shall, for the term of four years, pay all taxes duly as-u sessed on his poll and the estate aforesaid, shall thereby “ gain a settlement in such town or district.”

Our…

2Cases cited1 opinion

  1. Inhabitants of Wrentham v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1809

3Cited by8 opinions

  1. Leighton v. SargentSuperior Court of New Hampshire · 1855
  2. Whipple v. WalpoleSuperior Court of New Hampshire · 1839
  3. Beard v. KirkSuperior Court of New Hampshire · 1840
  4. Robertson v. StarkSuperior Court of New Hampshire · 1844
  5. Town of Peterborough v. Town of JaffreySuperior Court of New Hampshire · 1833

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