Legal Opinion

Davis v. Town of Scott

Wisconsin Supreme Court

Decided February 19, 1884PublishedCited by 4 opinions

APPEAL from the Circuit Court for Vernon County. The case is thus stated by Mr. Justice Cassoday: “The plaintiff, who was, during the times in question, a resident in the defendant town, brings this action for the support and maintenance of his daughter,— a divorced woman in poor health and destitute of all means of support,— and her children, from January 24, 1875, to August 15, 1875, and from October 7, 1877, to March 25, 1879. The complaint alleged, in effect, among other…

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APPEAL from the Circuit Court for Vernon County. The case is thus stated by Mr. Justice Cassoday: “The plaintiff, who was, during the times in question, a resident in the defendant town, brings this action for the support and maintenance of his daughter,— a divorced woman in poor health and destitute of all means of support,— and her children, from January 24, 1875, to August 15, 1875, and from October 7, 1877, to March 25, 1879. The complaint alleged, in effect, among other things, that the said daughter and children were, during the times mentioned, sick, disabled, and without means of…

1Opinion of the Court

Cassoday, J".

The evidence tended to show that the plaintiff was not of sufficient ability to support the paupers, within the meaning of sec. 1502, R. S. The plaintiff resided in the defendant town. Ilia divorced daughter came to his house with her children from the town of Clayton, where they had previously been living with her divorced husband. He notified the chairman of the defendant town of their condition. After that notice the plaintiff supported them for some time at least. Is he entitled to compensation from the defendant town for such support without any express contract or agreement?

2Cases cited3 opinions

  1. McCaffrey v. Town of ShieldsWisconsin Supreme Court · 1882
  2. Town of Dakota v. Town of WinneconneWisconsin Supreme Court · 1882
  3. Town of Westfield v. County of SaukWisconsin Supreme Court · 1864

3Cited by4 opinions

  1. Patrick v. Town of BaldwinWisconsin Supreme Court · 1901
  2. Mercy Medical Center of Oshkosh, Inc. v. Winnebago CountyWisconsin Supreme Court · 1973
  3. St. Luke's Hospital Ass'n v. Grand Forks CountyNorth Dakota Supreme Court · 1898
  4. Beach v. Town of NeenahWisconsin Supreme Court · 1895

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