Legal Opinion

Coe v. Smith

New York Supreme Court

Decided October 15, 1840PublishedCited by 2 opinions

This action was tried at the Allegany circuit, in October, 1839, before the Hon. Robert Monell, one of the circuit judges. *The suit was brought to recover moneys expended by the plain- [ *342 ] tiffs in the support of a pauper, for whom it was alleged the defendants were bound by law to provide.

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This action was tried at the Allegany circuit, in October, 1839, before the Hon. Robert Monell, one of the circuit judges. *The suit was brought to recover moneys expended by the plain- [ *342 ] tiffs in the support of a pauper, for whom it was alleged the defendants were bound by law to provide. The plaintiffs in a special count of the declaration alleged that on the 15th December, 1838, at Pike, in the county of Allegany, one Robert Flint became sick and infirm, and according to the provisions of the act entitled “ Of the support and relief of indigent persons,” became chargeable to the…

1Opinion of the Court

*343By the Court,

Nelson, Ch. J.

This action is given by statute ; and the principle upon which it is to be maintained will depend on a construction of several sections of the act under which the suit is brought.

By the 63d section of 1 R. S. 633, any person who shall send, carry, transport, remove or bring, or who shall cause to be sent, carried, transported, brought or removed, any poor or indigent person, from any city, town, or county to any other city, town or county, without legal authority, and there leave such poor person with intent to make any such city, town or county, to which the…

2Cited by2 opinions

  1. Jones v. ParsonsCalifornia Supreme Court · 1864
  2. Wabash Western Railway Co. v. SiefertMissouri Court of Appeals · 1890

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