Overseers of Poor of Owasco v. Overseers of Poor of Oswegatchie
New York Supreme Court
On certiorari from the general sessions of the peace of the county of St. Lawrence. Two justices made an order for the removal of the children of Diana, a black woman, by her husband, Peters, from Oswegatchie to Owasco, in St. Lawrence county. On appeal by the overseers of Owasco, the general sessions affirmed the order.
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On certiorari from the general sessions of the peace of the county of St. Lawrence. Two justices made an order for the removal of the children of Diana, a black woman, by her husband, Peters, from Oswegatchie to Owasco, in St. Lawrence county. On appeal by the overseers of Owasco, the general sessions affirmed the order. It was admitted, on the hearing, that Peters had never gained any settlement in Owasco, or elsewhere in this state; that Diana, the mother, was bom in Owasco, and the order of removal was made on this ground, as the residence of the children would follow that of the mother.…
1Opinion of the Court
Curia, per Sutherland, J.
The court below clearly erred in rejecting the parol evidence offered, if a valid indenture was shown to have been given. The objection was, that it was executed by the mother, and not by the father. It appears, that at' the birth of Diana, (but how long before does not appear,) the mother lived with a man who was not her husband, and continued to live with him when she bound the child to Kellogg. She served her time out with Kellogg, and the father does not appear ever to have interfered, or manifested any disapprobation of the binding. The case of The Overseers of…
2Cases cited1 opinion
- Overseers of the Poor v. Overseers of the PoorNew York Supreme Court · 1816
3Cited by2 opinions
- In re StockmanMichigan Supreme Court · 1888
- Potter v. GreeneNew York Supreme Court · 1886