Wallsworth v. Mead
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Mead and Green, as overseers of the poor of the town of Norwich, brought an action of debt against Wallsworth, before the justice, to recover 25 dollars, on an order of bastardy, made by two justices of the peace, the 18th of September, 1801, which required W. to pay the weekly sum of 75 cents to the overseers of the poor, for the first year the child should be chargeable to the town, and 50 cents for every week thereafter…
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IN ERROR, on certiorari, from a justice’s court. Mead and Green, as overseers of the poor of the town of Norwich, brought an action of debt against Wallsworth, before the justice, to recover 25 dollars, on an order of bastardy, made by two justices of the peace, the 18th of September, 1801, which required W. to pay the weekly sum of 75 cents to the overseers of the poor, for the first year the child should be chargeable to the town, and 50 cents for every week thereafter that the child remained chargeable. The plaintiffs demanded 75 cents a week, from the date of the order to the 10th of May,…
1Per curiam
The principal objection relied upon in this casé is, that no action will lie upon the order in question. The objection is untenable. That order is an adjudication of a court of magistrates of competent authority, and conclusive upon the defendant, unless appealed from to the general sessions. Whether such appeal had been made, or can now be made, were questions not properly before the court. It was enough for the justice that such order was in full force, and not reversed or modified by the sessions. It was equivalent to a judgment that the defendant should pay the weekly sum of 75 cents. The…
2Cited by5 opinions
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