Legal Opinion

Avery v. Inhabitants of Tyringham

Massachusetts Supreme Judicial Court

Decided September 15, 1807PublishedCited by 23 opinions

This was an action of the case by the plaintiff, as minister of the town of Tyringham, for his salary in that office during the year 1803. The first count in the declaration alleged that the said inhabitants, at a legal town meeting, holden on the 25th day of December 1788, did, by their major vote, agree to call and elect the said Joseph to the work of the ministry with them in the said town; and the sala inhabitants did, at the same meeting, further vote and agree that, in…

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This was an action of the case by the plaintiff, as minister of the town of Tyringham, for his salary in that office during the year 1803. The first count in the declaration alleged that the said inhabitants, at a legal town meeting, holden on the 25th day of December 1788, did, by their major vote, agree to call and elect the said Joseph to the work of the ministry with them in the said town; and the sala inhabitants did, at the same meeting, further vote and agree that, in case the said Joseph would settle with, and preach the gospel to sala inhabitants, and instruct them in the principles…

1Opinion of the Court

[ * 168 ] * Afterwards, in this term, the Court delivered their opinion seriatim, in substance, as follows:—

Parker, J.

This action is brought to recover the amount of salary for the year 1803, which the plaintiff claims as the settled minister of Tyringham during that period. The declaration states the invitation of the town to the plaintiff to take upon him that office, and the offer of the pecuniary compensation, which they stipulated to pay him towards his support. It then alleges his assent to the propositions of the town, and his settlement in office consequent thereon, his performance of…

2Cases cited1 opinion

  1. Sproat v. PorterMassachusetts Supreme Judicial Court · 1812

3Cited by23 opinions

  1. Baker v. FalesMassachusetts Supreme Judicial Court · 1820
  2. Robertson v. BullionsNew York Supreme Court · 1850
  3. Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
  4. Adie v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1939
  5. Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900

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