Legal Opinion

Inhabitants of East Sudbury v. Sudbury

Massachusetts Supreme Judicial Court

Decided October 20, 1831Published

Assumpsit to recover payment for supplies furnished for the support of Levi Maynard, his wife and children. Upon the trial, before Morton J., it appeared that previously to April 8, 1818, Maynard had his legal settlement in the town of Sudbury. On that day he removed, with his family, from Sudbury to East Sudbury, and there continued to reside till April 18, 1828. Taxes were assessed upon him in East Sudbury in 1818 and in tbe eight following years, all which he paid.

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Assumpsit to recover payment for supplies furnished for the support of Levi Maynard, his wife and children. Upon the trial, before Morton J., it appeared that previously to April 8, 1818, Maynard had his legal settlement in the town of Sudbury. On that day he removed, with his family, from Sudbury to East Sudbury, and there continued to reside till April 18, 1828. Taxes were assessed upon him in East Sudbury in 1818 and in tbe eight following years, all which he paid. On May 19, 1818, he was committed to gaol in Concord, on execution for debt, and continued in gaol till the 16th of June…

1Opinion of the Court

Shaw C. J.

delivered the opinion of the Court. The principal question in this case is, whether the pauper, Levi Maynard, had his legal settlement in the defendant town. It is conceded that he once had his legal settlement in that town ; and such settlement still remains, unless he has acquired one elsewhere. It is contended by the defendants, that he acquired a settlement in East Sudbury in the 12th mode provided by St. 1793, c. 34, § 2, by a residence of ten years, paying taxes five years out of that term.1

*4Here the facts show, that Maynard resided in East Sudbury from April 8, 1818, to April…

2Cases cited3 opinions

  1. Stevens v. BluntMassachusetts Supreme Judicial Court · 1810
  2. Inhabitants of Marlborough v. Inhabitants of RutlandMassachusetts Supreme Judicial Court · 1814
  3. Inhabitants of Sudbury v. Inhabitants of StowMassachusetts Supreme Judicial Court · 1816

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