Legal Opinion

Baldwin v. McArthur

New York Supreme Court

Decided January 2, 1854PublishedCited by 9 opinions

This was an action to recover for the support of Lovisa McArthur, the mother of the defendant. The complaint set forth that the plaintiffs were superintendents of the poor of St. Lawrence county; and that the distinction between town and county poor in said county had been abolished before any proceedings were had in this matter.

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This was an action to recover for the support of Lovisa McArthur, the mother of the defendant. The complaint set forth that the plaintiffs were superintendents of the poor of St. Lawrence county; and that the distinction between town and county poor in said county had been abolished before any proceedings were had in this matter. That on the 19th of August, 1848, the said Lovisa, the mother of the defendant, had become poor and old, and unfit and unable to maintain herself, and the defendant having failed to maintain his mother at his own charge, in the manner affirmed by the plaintiffs,…

1Opinion of the Court

By the Court, C. L. Allen, J.

The first objection urged against the recovery in this action is, that the order of maintenance, of the 6th of September, 1848, is not valid, because the county superintendents of the poor of St. Lawrence county, had no authority or right to apply for such order. That the distinction between town and county poor had never been legally abolished in that county. It does not distinctly appear that the resolution of the board of supervisors was ever filed in the county clerk’s office, as required by the statute; and until that was done, the defendant’s counsel insists…

2Cases cited7 opinions

  1. Edwards v. RussellNew York Supreme Court · 1839
  2. In re HopperNew York Court of Chancery · 1835
  3. Etheridge v. OsbornNew York Supreme Court · 1834
  4. Washington Insurance v. PriceNew York Court of Chancery · 1823
  5. In re WadsworthNew York Court of Chancery · 1847

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Moses v. JulianSupreme Court of New Hampshire · 1863
  2. People ex rel. Smith v. McFarlineAppellate Division of the Supreme Court of the State of New York · 1900
  3. People v. PowellNew York Court of General Session of the Peace · 1862
  4. Rivenburgh v. HennessNew York Supreme Court · 1871
  5. People v. ConnorNew York Supreme Court · 1892

4 more not listed; retrieve them via the Exa API.

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