Inhabitants of Great Barrington v. Gibbons
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Berkshire November 16, 1907, under R. L. c. 81, § 11, seeking to compel the defendant to contribute toward the reimbursement of the plaintiff for support already furnished by it to the defendant’s grandchildren, and to contribute toward their future support.
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Bill in equity, filed in the Superior Court for the county of Berkshire November 16, 1907, under R. L. c. 81, § 11, seeking to compel the defendant to contribute toward the reimbursement of the plaintiff for support already furnished by it to the defendant’s grandchildren, and to contribute toward their future support. The petition was signed “ Inhabitants of the Town of Great Barrington, by Edward E. Barnes, Dennis C. Killeen, Malcolm Douglas, Overseers of the Poor of the town of Great Barrington.” There was a hearing before Hitchcock, J., merely upon the sufficiency of one paragraph of the…
1Opinion of the CourtSheldon, J.
This bill is brought in the name of the plaintiff town under R. L. c. 81, § 11, to compel the defendant to contribute to the support of his grandchildren. The town, by vote under R. L. c. 25, § 12, had appointed its selectmen its agents to sue in its name. This suit was brought by the overseers of the poor of the town, without any authority from the selectmen or otherwise, except what may have arisen from their office as *529overseers of the poor; and the question is whether the action was rightly brought.
The general rule is that an officer of a town cannot merely as such officer bring an action…
2Cases cited4 opinions
- Savage v. ShawMassachusetts Supreme Judicial Court · 1907
- Electric Welding Co. v. PrinceMassachusetts Supreme Judicial Court · 1907
- Tilton v. TiltonMassachusetts Supreme Judicial Court · 1907
- Inhabitants of Clinton v. HeagneyMassachusetts Supreme Judicial Court · 1900
3Cited by22 opinions
- Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1921
- Town of Nantucket v. BeineckeMassachusetts Supreme Judicial Court · 1979
- Ware v. Chesapeake & Ohio Railway Co.Illinois Supreme Court · 1919
- Main v. County of PlymouthMassachusetts Supreme Judicial Court · 1916
- Town Crier, Inc. v. Chief of Police of WestonMassachusetts Supreme Judicial Court · 1972
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