Legal Opinion

Peters v. Town of Litchfield

Supreme Court of Connecticut

Decided August 15, 1867PublishedCited by 6 opinions

Assumpsit, to recover for supplies furnished to one Anna Peters, claimed to be a pauper ; brought to the superior court in Litchfield county, and tried on the general issue closed to the court before Pardee, J. It appeared that the person claimed to be a pauper possessed a dower estate in a small quantity of land and was entitled to the life use of certain other real estate, the annual income or value of which was found by the court to be insufficient for her support, and…

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Assumpsit, to recover for supplies furnished to one Anna Peters, claimed to be a pauper ; brought to the superior court in Litchfield county, and tried on the general issue closed to the court before Pardee, J. It appeared that the person claimed to be a pauper possessed a dower estate in a small quantity of land and was entitled to the life use of certain other real estate, the annual income or value of which was found by the court to be insufficient for her support, and that she had no other property and was unable to supply the deficiency by her own labor. It also appeared that in a deed…

1Opinion of the CourtPaek, J.

It is manifest that Anna Peters was not a pauper, in the legal sense of the word, during the time that the plaintiff furnished the support in queation. During all that time she was the owner of a dower interest in the estate of her late husband, and had other valuable property belonging to her. She could not be a pauper so long as this property remained unexpended. The law on this subject is well settled. Stewart v. Sherman, 4 Conn., 553 ; 5 id., 244; 1 Swift Dig., (Rev. ed.,) 419.

It further appears from the motion, that some person or persons are bound to support Anna Peters, as appears from…

2Cases cited1 opinion

  1. Stewart v. Inhabitants of ShermanSupreme Court of Connecticut · 1823

3Cited by6 opinions

  1. Town of Rhine v. City of SheboyganWisconsin Supreme Court · 1892
  2. Polk County v. OwenSupreme Court of Iowa · 1919
  3. Town of Holland v. Town of BelgiumWisconsin Supreme Court · 1886
  4. Cook v. Town of MorrisSupreme Court of Connecticut · 1895
  5. Howie v. GangloffSupreme Court of Minnesota · 1925

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