Overseers of the Poor of Canajoharie v. Overseers of the Poor of Johnstown
New York Supreme Court
THIS was a case of an appeal to the Court of Sessions, of Montgomery county, from an Order of Removal of a pauper, made by two justices of the peace of Johnstown. The Court of Sessions quashed the order, on the ground that the pauper was legally settled in the town of Canajoharie. It appeared that the pauper was an illegitimate child, about 14 years old.
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THIS was a case of an appeal to the Court of Sessions, of Montgomery county, from an Order of Removal of a pauper, made by two justices of the peace of Johnstown. The Court of Sessions quashed the order, on the ground that the pauper was legally settled in the town of Canajoharie. It appeared that the pauper was an illegitimate child, about 14 years old. At the time of its birth, the mother was about 16 years of age, and lived with her father in Johnstown, wbere he had a legal settlement. When the child was a year old, the mother’s father removed, with his family, including the mother and…
1Opinion of the Court
Spexcer, Ch. J.
That was a question merely as to an order of maintenance, submitted to the court without argument, and was correctly decided: the case did not require, or call for the observations which were evidently made without reference to the act for the settlement of the poor. The mistake, however, could not mislead.
Per Curiam. The town of Canajoharie was the place of the last legal settlement of the pauper’s mother. The pauper was an illegitimate child. At common law, a bastard child was settled where it was born ; but our statute (1 N. R. L. 280. sess. 36. ch. 78. sec. 3.) has altered…
2Cited by2 opinions
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