Flower v. Allen
Court for the Trial of Impeachments and Correction of Errors
On error to the Supreme Court. This cause began in a justice’s Court, of Washington County; in which the defendants in error sued the plaintiffs in error, for care, medicine, attendance, services rendered, &c. as surgeons and physicians, done and penormed for one Wilkins, a pauper, in 1817, in the town of Rupert, in the state of Vermont the plaintiffs in error then being select men of that town, and by virtue of that office, overseers of the poor; which services, &c. as the…
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On error to the Supreme Court. This cause began in a justice’s Court, of Washington County; in which the defendants in error sued the plaintiffs in error, for care, medicine, attendance, services rendered, &c. as surgeons and physicians, done and penormed for one Wilkins, a pauper, in 1817, in the town of Rupert, in the state of Vermont the plaintiffs in error then being select men of that town, and by virtue of that office, overseers of the poor; which services, &c. as the plaintiffs before the justice alleged, were done at the request of the defendants, and for which, they promised payment,…
1Opinion of the Court
Golden, Senator.
The liability of the plaintiffs in error must be determined by ascertaining what are the duties of the selectmen of the towns in Vermont, under the laws of that state : to which I have not had access.
I shall take for granted that they are, as has been stated by counsel on the argument, and now by his honor the. Chancellor, the same as are prescribed for overseers, by our statute for the relief and settlement of the poor. If they be so, I am of opinion that the plaintiffs in the justice’s court had no right to recover against the defendants. My reasons in support of this…
2Cases cited5 opinions
- Livingston v. RogersNew York Supreme Court · 1804
- Everts v. AdamsNew York Supreme Court · 1815
- King v. ButlerNew York Supreme Court · 1818
- Brown v. ClarkNew York Supreme Court · 1808
- Breese v. WilliamsNew York Supreme Court · 1822
3Cited by2 opinions
- Ackerson v. Erie Railway Co.Supreme Court of New Jersey · 1865
- Gourley v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1799