Adams v. Inhabitants of Ipswich
Massachusetts Supreme Judicial Court
Contract . by the treasurer of the Commonwealth to recover the amounts paid by the Commonwealth to the Lunatic Hospital at Northampton, for the support of Nancy Smith, an insane pauper, from June 10, 1862, to October 1, 1870. Writ dated July 14,1871. Answer: 1. A general denial; 2. The statute of limitations.
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Contract . by the treasurer of the Commonwealth to recover the amounts paid by the Commonwealth to the Lunatic Hospital at Northampton, for the support of Nancy Smith, an insane pauper, from June 10, 1862, to October 1, 1870. Writ dated July 14,1871. Answer: 1. A general denial; 2. The statute of limitations. The case was submitted to the Superior Court, and, aftei judgment for the defendant, to this court, on appeal, on a statement of facts, in substance as follows: The accounts charged in the declaration were paid by the treasurer of the Commonwealth to said hospital at the dates mentioned,…
1Opinion of the CourtWells, J.
The pauper had a settlement in Ipswich; and that settlement still continues, if it has not been defeated by the St. of 1870, c. 392, § 2. She derived it from her husband, *572through an original settlement acquired by his father in that town, unless its acquisition in that mode was prevented by the existence of a previous settlement, which his father derived from his grandfather, by virtue of provisions of law in force prior to February 11, 1794. If the older settlement prevented the subsequent acquisition of the more recent one, the former is preserved by the exception in the St. of 1870.…
2Cited by9 opinions
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- O'Brien v. McSherryMassachusetts Supreme Judicial Court · 1915
- Sturgis v. PrestonMassachusetts Supreme Judicial Court · 1883
- Treasurer & Receiver General v. SheehanMassachusetts Supreme Judicial Court · 1934
- Callan v. CallanSupreme Court of Missouri · 1903
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