Legal Opinion

Inhabitants of Berlin v. Inhabitants of Bolton

Massachusetts Supreme Judicial Court

Decided September 15, 1845Published

Assumpsit to recover expenses incurred for the support of Timothy B. Wheeler and his wife, paupers, whose settlement was alleged to be in Bolton. At the trial in the court of common pleas, before Wells, C. J. the only point in dispute was the settlement of the paupers. It was admitted by the defendants that Timothy B. Wheeler formerly had his settlement in Bolton, and that it still continued there, unless he had acquired one in Berlin.

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Assumpsit to recover expenses incurred for the support of Timothy B. Wheeler and his wife, paupers, whose settlement was alleged to be in Bolton. At the trial in the court of common pleas, before Wells, C. J. the only point in dispute was the settlement of the paupers. It was admitted by the defendants that Timothy B. Wheeler formerly had his settlement in Bolton, and that it still continued there, unless he had acquired one in Berlin. It was agreed that said Wheeler had resided in Berlin, ever since the year 1826, and that no taxes had been there assessed to or paid by him. But the…

1Opinion of the CourtShaw, C. J.

The court are called upon to decide a question, in the present case, which has been often alluded to, in settlement cases, but not adjudicated. The defendants admit that they are liable to reimburse the expenses incurred by the plaintiffs for the relief of Timothy B. Wheeler and his wife, unless said Timothy had acquired a settlement in Berlin. The defendants claim that he did so acquire a settlement by the twelfth mode provided by the Rev. Sts. c. 45, <§> 1. The twelfth mode of gaining a settlement is thus stated: “ Any person of the age of twenty one years, being a citizen,” <fcc. “ who…

2Cases cited3 opinions

  1. Inhabitants of Conway v. Inhabitants of DeerfieldMassachusetts Supreme Judicial Court · 1814
  2. Inhabitants of Wrentham v. Inhabitants of AttleboroughMassachusetts Supreme Judicial Court · 1809
  3. Inhabitants of Billerica v. Inhabitants of ChelmsfordMassachusetts Supreme Judicial Court · 1813

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