Legal Opinion

Overseers of the Poor v. Oversees of the Poor

New York Supreme Court

Decided May 15, 1824Published

The people, &c., to J. S., N. P., and J. P. 0., Esquires, three of the Judges in the Court of Common Pleas, and Jus- — • tices of the Court of General Sessions of the Peace, in and for the county of Suffolk, Greeting: Whereas an appeal was lately brought and heard in our Court of General Sessions of the Peace, in and for the said county of Suffolk, held before you, from an order made by J. R. & B. W., Esqs., two of our Justices of the Peace in and for our said county,…

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The people, &c., to J. S., N. P., and J. P. 0., Esquires, three of the Judges in the Court of Common Pleas, and Jus- — • tices of the Court of General Sessions of the Peace, in and for the county of Suffolk, Greeting: Whereas an appeal was lately brought and heard in our Court of General Sessions of the Peace, in and for the said county of Suffolk, held before you, from an order made by J. R. & B. W., Esqs., two of our Justices of the Peace in and for our said county, adjudging that the settlement of J. and P., his wife, and A. their daughter, was in the town of Southold, in the said county ;…

1Opinion of the Court

But the Court,

without hearing Mr. S. B. Strong, who was to have argued against the motion, said that the constant practice of this Court is, to require the Sessions to state the evidence and points of law in their return. And though this is denied in England, and rests upon the will of the Court below, as Mr. Robert had insisted; yet, in this state, if the Sessions should refuse to make such a return, this Court would compel them to do it, by a rule.(a)

Motion denied with costsi

Savage, Ch. J. was absent.

Mr. Strong informed me that he relied for his practice, in this case, entirely on what the…

2Cases cited1 opinion

  1. Sweet v. Overseers of the Poor of ClintonNew York Supreme Court · 1808

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