Legal Opinion

Kennedy v. Poor District

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 23PublishedCited by 1 opinion

Appeal, No. 23, Feb. T., 1900, by plaintiff, in suit of Thomas E. Kennedy against La Porte township poor district, from judgment of C. P. Sullivan Co., Dec. T., 1898, No. 85, on nonsuit. Opinion by Orlady, J. Assumpsit. Before Dunham, P. J. It appears from the evidence that the overseers of the defendant district made a contract with plaintiff to board an alleged pauper under agreement to pay bim $10.50 per month out of the funds of the district.

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Appeal, No. 23, Feb. T., 1900, by plaintiff, in suit of Thomas E. Kennedy against La Porte township poor district, from judgment of C. P. Sullivan Co., Dec. T., 1898, No. 85, on nonsuit. Opinion by Orlady, J. Assumpsit. Before Dunham, P. J. It appears from the evidence that the overseers of the defendant district made a contract with plaintiff to board an alleged pauper under agreement to pay bim $10.50 per month out of the funds of the district. At the trial several offers of evidence were made to prove the contract between the plaintiff and the overseers. No evidence having been introduced…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff brought this action of assumpsit to recover for boarding furnished to one Gene Gautier, on the order of the overseers of the defendant poor district. On the trial, the plaintiff failed to prove that an order of relief had been granted by two magistrates or that there was any emergency which required him to furnish boarding to the party named, and on motion of the defendant, a compulsory nonsuit was entered which the court subsequently refused to take off.

*3The Act of June 13,1836, P. L. 539, relating to the support and employment of the poor, provides just how…

2Cases cited5 opinions

  1. Danville State Hospital for the Insane v. Bellefonte Borough Overseers of the PoorSupreme Court of Pennsylvania · 1894
  2. Gibson v. Poor Dist. of Plumcreek Tp.Supreme Court of Pennsylvania · 1888
  3. Directors of the Poor v. WorthingtonSupreme Court of Pennsylvania · 1861
  4. Blakeslee v. Directors of the PoorSupreme Court of Pennsylvania · 1883
  5. Campbell v. GroomsSupreme Court of Pennsylvania · 1882

3Cited by1 opinion

  1. Parke's CaseSuperior Court of Pennsylvania · 1910

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