Legal Opinion

Inhabitants of Danbury v. Inhabitants of New-Haven

Supreme Court of Connecticut

Decided June 15, 1825PublishedCited by 6 opinions

This was an action of assumpsit for monies expended by the plaintiffs, in support of one Deborah Smith, and Griswold, Isabella, Jonathan and Juliana, her minor children; all of whom were alleged to have been, at the time of furnishing such support, paupers of the town of New-Haven.

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This was an action of assumpsit for monies expended by the plaintiffs, in support of one Deborah Smith, and Griswold, Isabella, Jonathan and Juliana, her minor children; all of whom were alleged to have been, at the time of furnishing such support, paupers of the town of New-Haven. The cause was tried, on the general issue, at Danbury, September term, 1824, before Chapman, J. The paupers for whom the expenditure was made, were the wife of one Samuel Smith, and her children, begotten since her marriage with him, but not by him, and were therefore illegitimate. Samuel was the son of one John…

1Opinion of the CourtBrainard, J.

The question is as to the legal settlement of Deborah Smith and her illegitimate children.

First, where is Deborah's legal settlement? The answer is, *586where born, and where she has always lived, unless she has acquired another.

It is said, that she acquired a different settlement, by a marriage with Samuel. If Samuel had a settlement, either in his own right, or derived from his father, that settlement would, on marriage, give a settlement to the wife ; and a woman, who gains a settlement by marriage, retains it, notwithstanding the death of her husband, until she gains another; and the…

2Cited by6 opinions

  1. DickinsonSupreme Court of Connecticut · 1875
  2. Thayer v. . ThayerSupreme Court of North Carolina · 1924
  3. Town of Newtown v. Town of SouthburySupreme Court of Connecticut · 1924
  4. Town of New-Haven v. Town of NewtownSupreme Court of Connecticut · 1837
  5. Town of Windham v. Town of LebanonSupreme Court of Connecticut · 1883

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