The Overseers of the Poor of the Town of Sherburne v. The Overseers of the Poor of the Town of Norwich
New York Supreme Court
IN ERROR, on certiorari to the Court of General Ses- . sions of the Peace of the county of Chenango. Two justices of the peace of the town of Norwich, in the county of Chenango, made an order for the removal of Rackel Ingraham, as a pauper, from Norwich to Sherburne.
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IN ERROR, on certiorari to the Court of General Ses- . sions of the Peace of the county of Chenango. Two justices of the peace of the town of Norwich, in the county of Chenango, made an order for the removal of Rackel Ingraham, as a pauper, from Norwich to Sherburne. The overseers of the poor of the town of Sherburne, apPeafo^ to the Court of Sessions of the county of Chenango, which affirmed the order of removal. . The pauper was formerly the wife of one Spencer, who died seized of a lot of land in the town of Sherburne, worth 1,200 or 1,400 dollars, in which she was entitled to dower, but…
1Opinion of the CourtPlatt, J.
I think the Sessions erred in affirming the order of removal. Admitting that in virtue of her dower, the pauper had a settlement in Sherburne, at the time of her marriage with Ingraham; yet the settlement in her own right, or in the right of her former husband Spencer, was suspended by the last marriage. Blackstone (1 Black. Comm. 354.) says, “ a woman marrying a man that is settled in another parish, changes her own settlement; the law not permitting the separation of hus*187band and wife. But if the man has no settlement, her’s is suspended during his life, if he remains in England, and is able…
2Cited by2 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Overseers of the Poor of Otsego v. Overseers of the Poor of SmithfieldNew York Supreme Court · 1827