Legal Opinion

Bishop v. Inhabitants of the Town of Hermon

Supreme Judicial Court of Maine

Decided September 9, 1913PublishedCited by 3 opinions

On motion and exceptions by the defendant. Exceptions not considered. This is an action of assumpsit in which the plaintiff seeks to recover the sum of $30.79 for supplies furnished to a pauper chargeable to the defendant town, by the plaintiff, under the provisions of Revised Statutes, chapter 27, section 45. Plea, the general issue.

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On motion and exceptions by the defendant. Exceptions not considered. This is an action of assumpsit in which the plaintiff seeks to recover the sum of $30.79 for supplies furnished to a pauper chargeable to the defendant town, by the plaintiff, under the provisions of Revised Statutes, chapter 27, section 45. Plea, the general issue. The jury returned a verdict for the plaintiff for $31.00. The defendant filed a general motion for a new trial and excepted to the admission of certain testimony. The case is stated in the opinion.

1Opinion of the CourtBird, J.

In this action plaintiff seeks to recover of defendant town, under the provisions of R. S., c. 27., sec. 45, the sum of $30.79 for supplies furnished one Dennis W. Palmer, a pauper chargeable to defendant. The account of plaintiff covers a period extending from January 8 to February 24, 1912. The jury found for plaintiff and the case is before this court upon exceptions and the usual motion for a new trial.

Upon the motion, it is necessary to consider only the sufficiency and effect of the notice and request required by statute — “after notice and request to the overseers, until provision is…

2Cases cited2 opinions

  1. O'Keefe v. City of NorthamptonMassachusetts Supreme Judicial Court · 1887
  2. Phelps v. Inhabitants of WestfordMassachusetts Supreme Judicial Court · 1878

3Cited by3 opinions

  1. Benson v. Inhabitants of NewfieldSupreme Judicial Court of Maine · 1938
  2. Logan v. StateSupreme Judicial Court of Maine · 1970
  3. Inhabitants of Fort Fairfield v. Inhabitants of MillinocketSupreme Judicial Court of Maine · 1940

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