Merrimack County v. Town of Jaffrey
Supreme Court of New Hampshire
Assumpsit, for money paid in support of a pauper at the insane asylum, whose settlement was claimed to be in Jaffrey. Facts found by a referee. The pauper was committed to the asylum as a person dangerously insane, on petition of the selectmen of Pembroke where she then was, by the order of the judge of probate of Merrimack county, without notice to any person. She had no relations of sufficient ability to support her, and no settlement in any town unless it was in Jaffrey.
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Assumpsit, for money paid in support of a pauper at the insane asylum, whose settlement was claimed to be in Jaffrey. Facts found by a referee. The pauper was committed to the asylum as a person dangerously insane, on petition of the selectmen of Pembroke where she then was, by the order of the judge of probate of Merrimack county, without notice to any person. She had no relations of sufficient ability to support her, and no settlement in any town unless it was in Jaffrey. Her settlement was in Jaffrey, if she was not legally emancipated at the age of eighteen. At that age, her father,…
1Opinion of the CourtAllen, J.
As a general rule, a warrant of commitment, regular on its face and issued by a court of competent jurisdiction, authorizes and makes it the duty of the officer or person intrusted with its execution to arrest and commit the person named in the warrant, and the keeper of the place of confinement to receive and detain the person committed. Watson v. Watson, 9 Conn. 140; Scott v. Shaw, 13 Johns. 378; Hinman v. Brees, id. 529; Stoddard v. Tarbell, 20 Vt. 321; Brown v. Mason, 40 Vt. 157. The judge of probate had jurisdiction of the petition to commit the pauper, and the officers of the asylum…
2Cases cited4 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Scott v. ShawNew York Supreme Court · 1816
- Stoddard v. TarbellSupreme Court of Vermont · 1848
- Brown v. MasonSupreme Court of Vermont · 1868
3Cited by1 opinion
- State v. HollisSupreme Court of New Hampshire · 1879