Town of New-Haven v. Town of Newtown
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit, brought by the town of Newtown against the town of New-Haven, to recover money, expended by the plaintiffs, for the support of a pauper.
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IN ERROR. This was an action of assumpsit, brought by the town of Newtown against the town of New-Haven, to recover money, expended by the plaintiffs, for the support of a pauper. The declaration alleged, That on the 24th of May, 1826, one Phebe Weed, then an inhabitant of Newtown, was lawfully married to one Titus Ward, then and until his death» which happened on the 1st of January, 1829, an inhabitant of Orange, in New-Haven county ; that previous to her intermarriage with said Ward, said Phebe had an illegitimate child, viz. John Weed, who is still living and under the age of twenty-one…
1Opinion of the Court
Williams, Ch. J.
The sole question submitted, in this case, is, whether the illegitimate infant or minor child of a Woman shall take the settlement which the mother acquires by marriage ; or whether such child is to remain, after the mother’s change of settlement, in the town where it had its original settlement.
It is strongly urged, that as the mother of a legitimate child acquires no new settlement for her children, by a derivative settlement, a fortiori she will not gain a settlement for her illegitimate children. In proof of the first proposition a number of cases are cited, shewing…
2Cases cited12 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Wright v. WrightMassachusetts Supreme Judicial Court · 1806
- Heath v. WhiteSupreme Court of Connecticut · 1824
- Inhabitants of Freetown v. Inhabitants of TauntonMassachusetts Supreme Judicial Court · 1819
- Ives v. BartholomewSupreme Court of Connecticut · 1832
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3Cited by5 opinions
- DickinsonSupreme Court of Connecticut · 1875
- Eaton v. EatonSupreme Court of Connecticut · 1914
- Town of Plainville v. Town of MilfordSupreme Court of Connecticut · 1935
- Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846
- Town of Morristown v. Town of FairfieldSupreme Court of Vermont · 1873