Legal Opinion

Inhabitants of Bath v. Inhabitants of Freeport

Massachusetts Supreme Judicial Court

Decided June 15, 1809PublishedCited by 11 opinions

Assumpsit for the expenses incurred by the plaintiffs in the support of James Woodman, a pauper, whose settlement the plaintiffs allege to be in Freeport.

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Assumpsit for the expenses incurred by the plaintiffs in the support of James Woodman, a pauper, whose settlement the plaintiffs allege to be in Freeport. The action was tried upon the general issue at the last September term in this county, before Thatcher, J., and a verdict found for the plaintiffs, subject to the opinion of the Court on certain facts stated by the parties; it being [ * 326 ] * agreed that if it should be the opinion of the Court that the action is maintainable on the facts thus agreed, judgment should be rendered upon the verdict; otherwise the plaintiffs were to become…

1Opinion of the Court

The action was submitted without argument, and the opinion of the Court was delivered by

Parsons, C. J.

This action, if it can be maintained, must rest on the ninth section of the statute of 1793, c. 59. By this section, the overseers of the poor in every town are directed to provide for the immediate relief of any pauper found therein, but having his settlement in another townj which shall be liable to reimburse all the expenses incurred within three months next before notice is given, and also the expenses of the removal of such pauper, or of his burial in case of his death.

Assumpsit lies on…

2Cases cited1 opinion

  1. Inhabitants of Salem v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1807

3Cited by11 opinions

  1. County of San Luis Obispo v. GageCalifornia Supreme Court · 1903
  2. Chicago & Northeastern Railroad v. SturgisMichigan Supreme Court · 1880
  3. Michigan Boiler & Sheet Iron Works Ex Rel. American Mutual Liability Co. v. DresslerMichigan Supreme Court · 1938
  4. State Bank of Paden v. LanamSupreme Court of Oklahoma · 1912
  5. Milwaukee County v. City of SheboyganWisconsin Supreme Court · 1896

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