Legal Opinion

Wayland v. Ware

Massachusetts Supreme Judicial Court

Decided January 15, 1870PublishedCited by 5 opinions

Contract for expenses incurred in supporting as a pauper a minor child of James Davis, Jr. The question at issue was whether the St. of 1865, c. 230, gave Davis a settlement with the defendants.

Read the full summary

Contract for expenses incurred in supporting as a pauper a minor child of James Davis, Jr. The question at issue was whether the St. of 1865, c. 230, gave Davis a settlement with the defendants. At the trial in the superior court at June term 1869, before Putnam, J., after the decision reported 97 Mass. 391 note, it was admitted that the settlement of Davis was with the plaintiffs, unless it was changed by § 1 of that statute, which provides that any inhabitant of a town in which he had resided for six months next previous to his muster into the military or naval service of the United States…

1Opinion of the CourtWells, J.

It is not controverted that James Davis, Jr., was duly enlisted and mustered into the military service of the United States during the recent civil war; and that he was at the time such a resident of Ware as to bring him within the operation of the Massachusetts statute of 1865, c. 230, § 1, provided he did in fact constitute a part of the quota of that town.

The act of Congress of 1863, c. 75, provided for enrolling and calling out the national forces; establishing enrollment districts and subdistricts; and assigning to the districts the number of men to be furnished therefrom, taking into…

2Cases cited2 opinions

  1. Inhabitants of Bridgewater v. Inhabitants of PlymouthMassachusetts Supreme Judicial Court · 1867
  2. Inhabitants of Fitchburg v. Inhabitants of LunenburgMassachusetts Supreme Judicial Court · 1869

3Cited by5 opinions

  1. Inhabitants of Hanson v. Inhabitants of South ScituateMassachusetts Supreme Judicial Court · 1874
  2. Commonwealth v. St. JohnMassachusetts Supreme Judicial Court · 1928
  3. State v. GorhamSupreme Judicial Court of Maine · 1876
  4. Swamp-Land Reclamation Dist. No. 407 v. WilcoxCalifornia Supreme Court · 1888
  5. Roberts v. DoverSupreme Court of New Hampshire · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API