Overseers of the Poor of Otsego v. Overseers of the Poor of Smithfield
New York Supreme Court
On certiorari to the general sessions of the peace of the COUlltj of Madison. Two justices made an order of removal of Maria Chad-J wick and her children, from the town of Smithfield, in the county of Madison, to the town of Otsego, in the county 0f Otsego.
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On certiorari to the general sessions of the peace of the COUlltj of Madison. Two justices made an order of removal of Maria Chad-J wick and her children, from the town of Smithfield, in the county of Madison, to the town of Otsego, in the county 0f Otsego. On appeal in behalf of Otsego to the general ° sessions of Madison, it was insisted in behalf of Otsego, that the overseers of Smithfield were bound to begin de novo, and sustain the order by evidence ; but the court decided that the order of removal should be received as prima facie evidence of the facts contained in it; and that it was…
1Opinion of the Court
Curia, per
Savage, Ch. J.
On the hearing before the sessions, it was decided that the- order of the justices was prima facie evidence of the facts it contained ; and that it was incumbent on the appellants to impeach it.
The practice was so settled in cases of bastardy, in Sweet v. Overseers of Clinton, (3 John. 26,) decided in February term, 1808. The legislature, in 1810, (sess. 33, ch. 109, s. 4,) enacted, that in appeals, as well under the act concerning bastards, as under that relating to the settlement of the poor, the court of sessions should begin de no-vo ; and the respondents were…
2Cases cited1 opinion
- The Overseers of the Poor of the Town of Sherburne v. The Overseers of the Poor of the Town of NorwichNew York Supreme Court · 1819