Legal Opinion

Overseers of the Poor of Scaghticoke v. Overseers of the Poor of Brunswick

New York Supreme Court

Decided May 15, 1817PublishedCited by 1 opinion

IN ERROR on certiorari, to the court of general sessions of the peace, for the county of Montgomery. Angle Preston, a pauper, was removed from the town of Brunswick to the town of Scaghticoke, by an order of two justices, dated the 1st day of September, 1815; in which it was adjudged, that the legal settlement of her, the said Angle Preston, was in the town of Scaghticoke.

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IN ERROR on certiorari, to the court of general sessions of the peace, for the county of Montgomery. Angle Preston, a pauper, was removed from the town of Brunswick to the town of Scaghticoke, by an order of two justices, dated the 1st day of September, 1815; in which it was adjudged, that the legal settlement of her, the said Angle Preston, was in the town of Scaghticoke. The overseers of the poor of the town of Scaghticoke appealed from this order to the court of sessions of the county of Montgomery, who affirmed the order. The return stated, that a-witness testified that the father of the…

1Per curiam

The two questions in this case are, 1. Whether the order of removal is not defective, in not adjudging that Scaghticoke was the last place of legal settlement of the pauper. 2. Whether the facts in the case show that- Scaghticoke was in reality the last place of legal settlement.

The ground on which this second point is attempted to be-supported, is the purchase of an estate in that town by the pauper’s father. The mere contract for the purchase of land will not satisfy this mode of acquiring a settlement. And although the act makes use of the term purchase, this necessarily implies that a…

2Cited by1 opinion

  1. Hall v. GoodwynSupreme Court of South Carolina · 1820

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