Stillwell v. Kennedy
New York Supreme Court
Appeal from circuit court, Schuyler county. Action by George H. Stillwell, superintendent óf the poor of Schuyler county, against Michael A. Kennedy, overseer of the poor of the city of Elmira. A judgment of nonsuit was directed by the court, and plaintiff appeals. Rev. St. N. Y. p. 628, § 59, provides that if a pauper is brought into a county the superintendent may notify the overseer of the town from which the pauper was brought of the facts, and require his removal.
1Opinion of the CourtFollett, J.
Appealfromajudgmentdismissingthecomplaint, withcosts, entered on a nonsuit, and heard in this court on a case which contains all of the evidence. The parties agree that between April 1, 1886, and January 8, 1887, (the date this action was begun,) the plaintiff necessarily expended $76 in supporting Charles Sumner Ayers, a pauper, forthe recovery of which sum, with interest, this action was begun. Two questions are involved in this appeal: (1) Was the notice given by the plaintiff, and the reply given by the defendant, sufficient to enable the parties to litigate the question as to whether the…
2Cases cited5 opinions
- Rathbun v. AckerNew York Supreme Court · 1854
- McDermott v. Board of Police for Metropolitan Police DistrictNew York Supreme Court · 1857
- Inhabitants of Wenham v. Inhabitants of EssexMassachusetts Supreme Judicial Court · 1869
- Overseers of the Poor v. Overseers of the PoorNew York Supreme Court · 1824
- Inhabitants of Shelburne v. Inhabitants of BucklandMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Miller v. Banner CountyNebraska Supreme Court · 1934
- In re Wiltse, New York County Courts1893
- In re Chapman, New York County Courts1895