Legal Opinion

Inhabitants of Brunswick v. Inhabitants of Litchfield

Supreme Judicial Court of Maine

Decided May 15, 1822Published

Assumpsit to recover monies expended by the plaintiffs for the relief and support of Mehitabel Potter and her children* whose lawful settlement was alleged to be in. Litchfield. In a case stated by the parties, it was admitted that the paupers had no other settlement in Litchfield than was derived from Robert Potter, the supposed husband of said Mehitabel and father of her children, who, it was conceded by the defendants, was settled in Litchfield.

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Assumpsit to recover monies expended by the plaintiffs for the relief and support of Mehitabel Potter and her children* whose lawful settlement was alleged to be in. Litchfield. In a case stated by the parties, it was admitted that the paupers had no other settlement in Litchfield than was derived from Robert Potter, the supposed husband of said Mehitabel and father of her children, who, it was conceded by the defendants, was settled in Litchfield. It also appeared that Robert and Mehitabel both resided in Brunswick in 1810, where their' intentions of marriage were duly entered and published;…

1Opinion of the Court

Mellen C. J.

now delivered the opinion of the Court as follows.

According to the case of Milford v. Worcester, 7 Mass. 56. the supposed marriage in this case was void: and for the purpose of confirming that and many other supposed marriages solemnized under similar circumstances, the Resolve of March 19, 1821, was passed. — Without question, it was dictated by the best intentions and will be productive of very salutary consequences. Neither is it liable to the objection of unconstitutionality, as it respects all those legitimate objects of legislation which were in view and to which its…

2Cases cited4 opinions

  1. Dash v. Van KleeckNew York Supreme Court · 1811
  2. Inhabitants of Medford v. LearnedMassachusetts Supreme Judicial Court · 1819
  3. King v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1819
  4. Jennings v. Brig PerseveranceSupreme Court of the United States · 1797

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