Inhabitants of Needham v. Inhabitants of Newton
Massachusetts Supreme Judicial Court
Assumpsit. The declaration contained three counts. The first was for supplies furnished to one Joseph Child, with his wife and children, found in Needham, and standing in need of immediate relief, from the 1st day of April, 1810, to the 24th day of March, 1812, the date of the writ, with an averment that Newton had notice within three months, namely, on the first day of June, 1810. The .second count was for money paid, &c., for the defendants at their request ; and the third…
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Assumpsit. The declaration contained three counts. The first was for supplies furnished to one Joseph Child, with his wife and children, found in Needham, and standing in need of immediate relief, from the 1st day of April, 1810, to the 24th day of March, 1812, the date of the writ, with an averment that Newton had notice within three months, namely, on the first day of June, 1810. The .second count was for money paid, &c., for the defendants at their request ; and the third count in substance like the first. The action was tried upon the general issue, before jfutnam, J., at the sittings…
1Opinion of the CourtParker, C. J.
The statute gives an action to the inhabitants of a town, which shall have supplied a pauper in necessity, against the town wherein the pauper has his lawful settlement, for such sum only as shall have been expended within three months next before notice given to the town which is liable, and for such expenses as accrue afterwards, before the commencement of the suit. The statute likewise limits the action to two years after the cause of action accrued. There being no relief at common law, since there is no moral obligation on one town more than the other, the statute remedy must be strictly…
2Cases cited2 opinions
- Inhabitants of Townsend v. Inhabitants of BillericaMassachusetts Supreme Judicial Court · 1813
- Inhabitants of Leicester v. Inhabitants of RehobothMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Inhabitants of Quincy v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1809
- Milwaukee County v. City of SheboyganWisconsin Supreme Court · 1896
- Inhabitants of Edgartown v. Inhabitants of TisburyMassachusetts Supreme Judicial Court · 1852