Inhabitants of Harwich v. Inhabitants of Hallowell
Massachusetts Supreme Judicial Court
The original action was assumpsit for the support of one Ephraim Burgess, a pauper, having his legal settlement in Harwich from the .31st of October, 1808, to the 15th of November, 1810, the date of the original writ. Notice was given on the 31st of January, 1809. *The only point adjudged in the cause is stated in the opinion of the Court, as delivered at this term by
1Opinion of the CourtParker, C. J.
The question to be decided in this case is, whether the clause in the ninth section of the act providing for the relief and support of the poor, &c., (1) which limits the action provided for in that section to two years after the cause of action arises, will admit of a construction which will cover expenses accruing within three months prior to the giving of notice, although incurred more than two years before the commencement of the suit. And we are of opinion that it will not; for, by such a construction, the obvious intent of the legislature, in establishing the limitation of two years,…
2Cited by3 opinions
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- City of Northampton v. Inhabitants of PlainfieldMassachusetts Supreme Judicial Court · 1895
- Inhabitants of Weymouth v. City of BostonMassachusetts Supreme Judicial Court · 1927