Legal Opinion

Directors of the Poor v. Malany

Supreme Court of Pennsylvania

Decided January 13, 1870PublishedCited by 3 opinions

Error to the Court of Common Pleas of Chester county: No. 279, to January Term 1870. This was an action of assumpsit, commenced November 21st 1868, by William S. Malany against the Directors of the Poor of Chester county, for services as physician rendered to Albert M. Smith, a pauper.

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Error to the Court of Common Pleas of Chester county: No. 279, to January Term 1870. This was an action of assumpsit, commenced November 21st 1868, by William S. Malany against the Directors of the Poor of Chester county, for services as physician rendered to Albert M. Smith, a pauper. The case was tried November 8th 1869, before Butler, P. J. The evidence was, that on a night in December 1867, Smith, who was a single man, was badly frozen about three miles from West Chester, the residence of tbe plaintiff, and about nine miles from the poor-house of the county. He was in so dangerous a…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

— This was an action of assumpsit commenced in the Court of Common Pleas of Chester county by the plaintiff below, who was a practising physician, against the directors of the poor and of the house of employment of the county of Chester, to recover for medical services rendered by him to a poor person, for which he claimed that the said directors were by law liable.

It is contended that the court had no jurisdiction, and that if the plaintiff had any right, his remedy was by petition to the Court of Quarter Sessions for an order on the…

2Cases cited5 opinions

  1. Stovall v. New York Indemnity Co.Tennessee Supreme Court · 1928
  2. Dawson v. National Life InsuranceTennessee Supreme Court · 1927
  3. Beech v. KeicherTennessee Supreme Court · 1926
  4. Directors of Poor v. WallaceSupreme Court of Pennsylvania · 1844
  5. Overseers of Versailles v. Overseers of MifflinSupreme Court of Pennsylvania · 1840

3Cited by3 opinions

  1. Gibson v. Poor Dist. of Plumcreek Tp.Supreme Court of Pennsylvania · 1888
  2. Temple University—of the Commonwealth System of Higher Education v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1997
  3. Lawver v. Snyder County Poor DirectorsSnyder County Court of Quarter Sessions · 1929

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