Overseers of the Poor of Hamilton v. Overseers of the Poor of Eaton
New York Supreme Court
On certiorari to the general sessions of the peace of the county of Madison. Two justices made an order to remove one Elizabeth Wat son from the town of Hamilton, to the town of Eaton, in Madison county; and she was removed accordingly. On appeal by the overseers of Eaton, to the general sessions of Madison, that court quashed the order; whence the overseers of Hamilton, brought a certioarn to this court.
Read the full summary
On certiorari to the general sessions of the peace of the county of Madison. Two justices made an order to remove one Elizabeth Wat son from the town of Hamilton, to the town of Eaton, in Madison county; and she was removed accordingly. On appeal by the overseers of Eaton, to the general sessions of Madison, that court quashed the order; whence the overseers of Hamilton, brought a certioarn to this court. The facts on which the decision of the sessions was founded, are stated in the opinion of this court. cited 1 R. L. 270, s. 2; id. 136, s. '4 and 5; id. 138; 5 Cowen, 367; 8 T R' 379 5 4 T-…
1Opinion of the Court
Curia, per
Woodworth, J.
The pauper was bound an apprentice to Fuller, one of the overseers of the poor of the town Hamilton; and served the full term. Maynard, the other overseer of that town, executed the indenture. Two justices were present and approved. Fuller never executed it. It was left in the possession of Maynard, who testified that it was regular; but could not be found on search. The parol evidence was admissible; but the binding was defective; the act, (1 R. L. 136,) declaring that the overseers of the poor, with the consent of any two justices, may bind out any child who is…
2Cases cited1 opinion
- Overseers of the Poor v. Overseers of the PoorNew York Supreme Court · 1816