Overseers of the Poor v. Overseers of the Poor
New York Supreme Court
On certiorari from the general sessions of the peace of the v x county of Albany. The Court below, on appeal,- affirmed an order of two Justices, removing Gerrit Clute, his wife and three infant children, from the city of Albany to the town of Niskayuna.
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On certiorari from the general sessions of the peace of the v x county of Albany. The Court below, on appeal,- affirmed an order of two Justices, removing Gerrit Clute, his wife and three infant children, from the city of Albany to the town of Niskayuna. On the hearing before the sessions, (March term, 1823,) the counsel for Niskayuna admitted that the grandfather of Clute, the pauper, had a settlement in Niskayuna, and relied upon showing that his father Jacob Clute, acquired, a settlement out of that town, and indeed, that he was actually settled in Albany, by serving there as an apprentice…
1Opinion of the Court
Curia, per Savage, Ch. J.
The question-is,- where was the last legal settlement of-Gerdt Glute, the pauper ?
It is admitted-that his grandfather-was settled in Niskayuna.
I-t does not appear- from the-return, that the pauper ever gained a settlement in his Wn right, any where."- We-must then look back and inquire, where was the settlement of his father ? If we admit the parol evidence which was received‘by the sessions," it appears that Jacob-Glute, father of the pauper, was born upon Mill’s Island. In what town this island was situate, at that time,- does not appear; nor is it, at present,…
2Cited by2 opinions
- Stillwell v. KennedyNew York Supreme Court · 1889
- Overseer of the Poor of Shrewsbury v. Overseer of the Poor of HolmdelSupreme Court of New Jersey · 1880