Legal Opinion

Inhabitants of Wilbraham v. Inhabitants of Ludlow

Massachusetts Supreme Judicial Court

Decided September 15, 1868PublishedCited by 22 opinions

Contract to recover money paid by the plaintiffs for the support of Daniel A. Warner as an insane pauper in the hospital in Northampton. Trial in the superior court, before Lord, J., who allowed the following bill of exceptions: The only question in dispute was as to the settlement of the pauper.

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Contract to recover money paid by the plaintiffs for the support of Daniel A. Warner as an insane pauper in the hospital in Northampton. Trial in the superior court, before Lord, J., who allowed the following bill of exceptions: The only question in dispute was as to the settlement of the pauper. The plaintiffs admitted that he once had a settlement with them, but contended that he acquired a new settlement with the defendants under the Rev. Sts. c. 45, § 1, cl. 5,12. “ It appeared from the evidence that he was taxed in Ludlow a highway tax in 1850, and was taxed as a resident of Ludlow a…

1Opinion of the CourtFoster, J.

The question in the present case was, whether the pauper, whose settlement was once in the plaintiff town of Wilbraham, had acquired a new settlement in Ludlow. The burden of proof to establish this was on the plaintiffs. After the presiding judge had announced the rule of law which he deemed to govern the case, and the instructions which he proposed to give to the jury, the plaintiffs declined to argue the case, submitted to a verdict for the defendants, and alleged exceptions. Under these circumstances, the only question open for revision is the correctness of the rulings. The evidence is…

2Cited by22 opinions

  1. Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
  2. Tuells v. FlintMassachusetts Supreme Judicial Court · 1933
  3. Winans v. WinansMassachusetts Supreme Judicial Court · 1910
  4. Commonwealth v. AckerMassachusetts Supreme Judicial Court · 1908
  5. Hindman's AppealSupreme Court of Pennsylvania · 1877

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