Inhabitants of Taunton v. Inhabitants of Westport
Massachusetts Supreme Judicial Court
This action, which was brought to recover the amount of certain expenses incurred by the plaintiffs in the support of Humphrey Mien, Perry Trip, and Lydia Trip, was tried upon the general issue before the Chief Justice, at an adjourned session of the last October term in the county of Bristol, holden at Taunton in May last.
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This action, which was brought to recover the amount of certain expenses incurred by the plaintiffs in the support of Humphrey Mien, Perry Trip, and Lydia Trip, was tried upon the general issue before the Chief Justice, at an adjourned session of the last October term in the county of Bristol, holden at Taunton in May last. It appeared, on the trial, that the persons named were all inhabitants of Westport, and had their legal settlement in that town ; and that they were in distress in Taunton, having been committed to the public gaol in that town as idle and disorderly persons, by virtue of…
1Opinion of the CourtWilde, J.
Upon the facts reported in this case, it has been argued by the counsel for the defendants that the plaintiffs have no right to recover ; because the persons named in the writ, having been committed to gaol by virtue of a warrant, and taken into custody by the gaoler, must be considered either as criminals lawfully committed, or as being in the custody of the gaoler, as master of the house of correction, or as being imprisoned without authority of law. That, in the first case, application ought to have been made by the gaoler to the proper authority, to have the expenses paid out of the…
2Cited by3 opinions
- Hardin County v. Wright CountySupreme Court of Iowa · 1885
- Cargill v. Inhabitants of WiscassetMassachusetts Supreme Judicial Court · 1807
- Brown v. . the PeopleNew York Court of Appeals · 1878