Legal Opinion

Inhabitants of Kennebunkport v. Smith

Supreme Judicial Court of Maine

Decided April 15, 1843PublishedCited by 9 opinions

This action was assumpsit, and was commenced on Oct. 22, 1841, to recover the sum of eighty dollars and eighty-four cents paid by them to the inhabitants of the town of York, on Oct. 14, 1831. The declaration was upon the statute, 1821, c. 122, <§> 19, and averred that the plaintiffs were entitled to recover by virtue thereof. The statute of limitations was pleaded.

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This action was assumpsit, and was commenced on Oct. 22, 1841, to recover the sum of eighty dollars and eighty-four cents paid by them to the inhabitants of the town of York, on Oct. 14, 1831. The declaration was upon the statute, 1821, c. 122, <§> 19, and averred that the plaintiffs were entitled to recover by virtue thereof. The statute of limitations was pleaded. It was agreed by the parties, that the defendant had his legal settlement in the town of Konnebunkport, and that the plaintiffs were legally bound to pay and did pay that sum to the inhabitants of York, on Oct. 14, 1831, for the…

1Opinion of the Court

The opinion of the Court was drawn up by

Whitman C. J.

— This is an action of assumpsit under the statute of 1821, c. 122, § 19, which provides that “the inhabitants of any town, within this State, who have incurred expense for the support of any pauper, whether he was legally chargeable to them by means of his settlement or not, may recover the same against such person, his executors and administrators, in an action of assumpsit for money paid, laid out and expended for his use.” By the agreed statement of facts in the case it appears, that the claim of the plaintiffs comes within this legal…

2Cases cited1 opinion

  1. Knox v. HookMassachusetts Supreme Judicial Court · 1815

3Cited by9 opinions

  1. Board Cty. Com'rs Woodward Cty. v. WillettSupreme Court of Oklahoma · 1915
  2. Brown v. Board of EducationSupreme Court of Oklahoma · 1930
  3. Rosedale School District No. 5 v. Towner CountyNorth Dakota Supreme Court · 1927
  4. Montgomery County v. City of MontgomerySupreme Court of Alabama · 1916
  5. State v. MuddSupreme Court of Alabama · 1962

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