Cargill v. Inhabitants of Wiscasset
Massachusetts Supreme Judicial Court
This was an action of the case for the support of a pauper, and came before the Court upon a case stated, in which the following facts were agreed: — The plaintiff, on the 5th day of August, 1805, and before that ■time, was, and ever since has been, the deputy jailer, or keeper, of the prison in Wiscasset.
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This was an action of the case for the support of a pauper, and came before the Court upon a case stated, in which the following facts were agreed: — The plaintiff, on the 5th day of August, 1805, and before that ■time, was, and ever since has been, the deputy jailer, or keeper, of the prison in Wiscasset. The pauper for whose support the action was brought was committed to the said prison, on the day above-mentioned, by virtue of an execution duly issued, in which he is styled of a place called Ballstoiun, in said county of Lincoln. He was poor, and unable to support himself. The plaintiff…
1Opinion of the Court
Curia.
The question submitted to the Court is whether, upon the facts stated, the plaintiff in this action can, by law, recover of the defendants the expense he incurred in the necessary relief of the pauper mentioned in the case, and in his writ. And we are all of opinion that the plaintiff is entitled to recover. Our opinion results from the construction of the statute of February 26, 1794.
By the 9th and 13th sections of that statute, it is made the duty of the overseers of the poor, in every town, to provide for the immediate relief of any pauper residing or found within their town, not…
2Cases cited2 opinions
- Sayward v. Inhabitants of AlfredMassachusetts Supreme Judicial Court · 1809
- Inhabitants of Taunton v. Inhabitants of WestportMassachusetts Supreme Judicial Court · 1815
3Cited by7 opinions
- Peterson v. The ChandosDistrict Court, D. Oregon · 1880
- Sayward v. Inhabitants of AlfredMassachusetts Supreme Judicial Court · 1809
- Adams v. Inhabitants of WiscassetMassachusetts Supreme Judicial Court · 1809
- Foster v. Inhabitants of WorcesterMassachusetts Supreme Judicial Court · 1834
- Tyler v. Inhabitants of BrooklynSupreme Court of Connecticut · 1823
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