Peterborough v. Lancaster
Superior Court of New Hampshire
Assumpsit, for the support of one Esther Moore, a pauper, alleged to have her settlement in Lancaster, from the 15th day of January, 1839, to the 16th day of December, 1840, the date of the writ. At the trial upon the general issue it was admitted that the support was furnished to the amount of $192.25, and that the pauper stood in need of relief.
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Assumpsit, for the support of one Esther Moore, a pauper, alleged to have her settlement in Lancaster, from the 15th day of January, 1839, to the 16th day of December, 1840, the date of the writ. At the trial upon the general issue it was admitted that the support was furnished to the amount of $192.25, and that the pauper stood in need of relief. It appeared that after the town of Peterborough had begun to support the pauper, supposing that she was chargeable to the town of Northumberland, that town was notified that the support was furnished, and thereupon paid the plaintiff the sum of…
1Opinion of the CourtGilchrist, J.
The maxim, ignorantia legis neminem excusat, is a fundamental one, and has always been received, with some few exceptions, as an elementary principle of the common law for many years. It is recognized as such in the Doct. Stu., dial. 2, ch. 46. It is an illustration of the tendency of the common law to aim at practical good rather than theoretical perfection, and to furnish a rule for the guidance of men in the common business of life. In Brisbane vs. Dacres, 5 Taunt. 144, which is a leading case on the subject, Gibbs, J., states the rule to be, that money paid to a man who claims it as his…
2Cases cited10 opinions
- Lyon v. RichmondNew York Court of Chancery · 1816
- Shotwell v. MurrayNew York Court of Chancery · 1815
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Cavis v. RobertsonSuperior Court of New Hampshire · 1838
- Town of Hanover v. EatonSuperior Court of New Hampshire · 1823
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3Cited by3 opinions
- Smith v. SmithSuperior Court of New Hampshire · 1844
- Glidden v. Town of UnitySuperior Court of New Hampshire · 1855
- Adams v. StanyanSuperior Court of New Hampshire · 1852