Legal Opinion

Town of Poplin v. Town of Hawke

Superior Court of New Hampshire

Decided December 15, 1836PublishedCited by 3 opinions

Assumpsit for supplies furnished to Moses Thorn and his wife, and their two children, alleged to be paupers, and to have their settlement in Hawke. The cause was tried upon the general issue, at October term, 1836, when it was admitted that Thom applied to the selectmen of Poplin for relief, and that the supplies mentioned in the declaration were furnished, and due notice thereof given to the town of Hawke.

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Assumpsit for supplies furnished to Moses Thorn and his wife, and their two children, alleged to be paupers, and to have their settlement in Hawke. The cause was tried upon the general issue, at October term, 1836, when it was admitted that Thom applied to the selectmen of Poplin for relief, and that the supplies mentioned in the declaration were furnished, and due notice thereof given to the town of Hawke. One of the questions raised at the trial was, whether Thorn and his family were, under the circumstances, to be considered as paupers, who were entitled to relief. The facts on which this…

1Opinion of the CourtRichardson, C. J.

It has long been settled, that when a town, bona fide, relieves a person apparently a pauper, and actually standing in need of relief, the town in which such person is settled will be liable for the expense, although it may turn out that the person relieved had some property. It was so decided in Alton vs. Gilmanton, in the county of Strafford, September term, 1823.

The law is the same in Massachusetts. 15 Mass. R. 286, Watson vs. Cambridge; 1 Mass. R. 459, Freeport vs. Edgecombe; 12 do. 267 and 357; 2 Pick. R. 341, New Salem vs. Wendell; 11 do. 459, Sturbridge vs. Holland.

*307No man is to be…

2Cases cited2 opinions

  1. Watson v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1818
  2. Inhabitants of Freeport v. Inhabitants of EdgecumbeMassachusetts Supreme Judicial Court · 1805

3Cited by3 opinions

  1. Baker-Chaput v. CammettDistrict Court, D. New Hampshire · 1976
  2. Hall v. County of HillsboroughSupreme Court of New Hampshire · 1982
  3. Baker-Chaput v. CammettDistrict Court, D. New Hampshire · 1976

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