Everts v. Adams
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The defendant in error, a physician, brought an action in , , 1 v the court below for medicine and attendance furnished a pauper*, . A A agamst the plaintiffs in error, overseers of the poor. An order been given by two justices, to the overseers of the poor, to fu™ish the pauper with necessaries, and, also, with medical aid, ff requisite, to be administered by Dr. Malcom.
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IN ERROR, on certiorari to a justice’s court. The defendant in error, a physician, brought an action in , , 1 v the court below for medicine and attendance furnished a pauper*, . A A agamst the plaintiffs in error, overseers of the poor. An order been given by two justices, to the overseers of the poor, to fu™ish the pauper with necessaries, and, also, with medical aid, ff requisite, to be administered by Dr. Malcom. There was no evidence that Dr. Malcom had ever attended, nor was it proved, that the defendant in error had' attended at the request of the overseers. One of the plaintiffs in…
1Per curiam
The statute, in cases, like this, (1 R. L. 287.) requires an order from a justice of the peace, as the warrant or authority for the overseer to make the advances for the relief of the pauper, and declares that the overseer shall make no other or further allowance than what, by the said order, shall be directed, and that the order shall be the voucher for the payment; and the act (p. 289. s. 28.) further declares, that, in case any overseer shall enter in the poor-books, and relieve any poor persons, without such order, he shall forfeit and lose all such advances, and not be allowed the same…
2Cited by13 opinions
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- Foster v. Yates CountyNew York County Court, Yates County · 1937
- Flower v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1825
- Newnan v. WashingtonTennessee Supreme Court · 1827
- Force v. HainesSupreme Court of New Jersey · 1840
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