Legal Opinion

Inhabitants of Fitchburg v. Inhabitants of Westminster

Massachusetts Supreme Judicial Court

Decided October 15, 1822Published

This action was brought to recover the expenses incurred by the plaintiffs in supporting a pauper named Jonah Spaulding ; and the question to be determined was, whether the pay per’s settlement was in Westminster. The parties agreed upon the following facts. Spaulding was the illegitimate child of Bridget Fiske, and was born in the year 1797 or 1798, upon a farm, then in the town of Fitchburg, but since annexed, by St. 1812, c. 81, to Westminster.

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This action was brought to recover the expenses incurred by the plaintiffs in supporting a pauper named Jonah Spaulding ; and the question to be determined was, whether the pay per’s settlement was in Westminster. The parties agreed upon the following facts. Spaulding was the illegitimate child of Bridget Fiske, and was born in the year 1797 or 1798, upon a farm, then in the town of Fitchburg, but since annexed, by St. 1812, c. 81, to Westminster. At the time of his birth, Amos Fiske, the father of Bridget, lived with his family upon this farm and occupied it, and Bridget was then resident in…

1Opinion of the Court

The opinion of the Court was read at April term 1823, as prepared by

Parker C. J.

The pauper, being an illegitimate child, must have the settlement of his mother at the time of his birth.1 At that time the settlement of Bridget Fiske, his mother, was in Fitchburg, derived from Amos Fiske, her father. But it is contended by the plaintiffs, that by virtue of the statute which set off the farm, on which Amos Fiske had lived, from Fitch-burg, and annexed it to Westminster, the settlement of Amos Fiske, and all the derivative settlements under him, were transferred to Westminster. We cannot think…

2Cases cited3 opinions

  1. Inhabitants of Groton v. Inhabitants of ShirleyMassachusetts Supreme Judicial Court · 1810
  2. Inhabitants of Southbridge v. Inhabitants of CharltonMassachusetts Supreme Judicial Court · 1818
  3. Inhabitants of Great Barrington v. Inhabitants of LancasterMassachusetts Supreme Judicial Court · 1817

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