Turner v. Inhabitants of the Second Precinct
Massachusetts Supreme Judicial Court
This action, which was assumpsit for money had and received for the use of the plaintiff, was tried upon the general issue before Sewall, J., at the sittings after the last October term.
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This action, which was assumpsit for money had and received for the use of the plaintiff, was tried upon the general issue before Sewall, J., at the sittings after the last October term. The sums demanded were stated at the trial to be the amount of certain assessments, paid by individuals, inhabitants of the said precinct, and there liable for parochial taxes, voted, and assessed, in the years 1805 and 1806, but who, in those years, had usually attended public worship with the plaintiff; and had employed him as their religious teacher. The evidence, in support of this claim, was a compact in…
1Opinion of the Court
By the Court.
The plaintiff’s claim must rest on the third article of the declaration of rights. The construction of that article has been several times before us. In the case of Kendall vs. The Inhabitants of Kingston, (1) the plaintiff was a Baptist teacher, having been ordained as an evangelist; and he had the care of two voluntary unincorporated societies of Baptists, one in Middle- [ * 62 ] borough, and the other *in Kingston, to which he preached alternately. And it was decided that he was not the public teacher of either within that article; that every public teacher therein…
2Cases cited1 opinion
- Southwoth v. BradfordMassachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Pendoley v. FerreiraMassachusetts Supreme Judicial Court · 1963
- Betts v. NorrisSupreme Judicial Court of Maine · 1842