Directors of the Poor & House of Employment v. Overseers of the Poor of Walker Township
Superior Court of Pennsylvania
Appeal, No. 60, March T., 1898, by directors of the Poor and House of Employment of Cumberland County, from decree of Q. S. Juniata Co., Dec. Sess., 1897, No. 5, from order of removal. Appeal from order of removal.
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Appeal, No. 60, March T., 1898, by directors of the Poor and House of Employment of Cumberland County, from decree of Q. S. Juniata Co., Dec. Sess., 1897, No. 5, from order of removal. Appeal from order of removal. Before Lyons, P. J. The facts sufficiently appear from the opinion and decree of the court below, as follows: Dr. Philip A. Smith and family, consisting of his wife, Ida B. Smith and daughter, Margaretta Smith, became a charge on Walker township, poor district in Juniata county, Pa., an order for their relief having been issued by two justices of the peace of said county, May 31,…
1Opinion of the Court
Opinion by
Rice, P. J.,
Before a pauper is removable it is necessary that he should have become, or be likely to become, chargeable to the district which undertakes to remove him, for unless this be the case justices have no jurisdiction, and for want of jurisdiction an order of removal will be quashed: Cumberland v. Jefferson, 25 Pa. 463.
But on the hearing of an appeal from an order of removal' which alleges all the essential jurisdictional facts, the order of relief is generally received as sufficient proof of the chargeableness of the pauper to the district obtaining the order of removal,…
2Cases cited9 opinions
- Poor District v. Poor DistrictSuperior Court of Pennsylvania · 1897
- Overseers of the Poor of Spring Township v. Overseers of the Poor of Walker TownshipSuperior Court of Pennsylvania · 1896
- Overseers of Gilpin Tp. v. Overseers of Parks Tp.Supreme Court of Pennsylvania · 1888
- Overseers of Laporte Borough v. Overseers of Hillsgrove TownshipSupreme Court of Pennsylvania · 1880
- In re Lunacy of ChristySuperior Court of Pennsylvania · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Overseers of the Poor v. Overseers of the PoorSuperior Court of Pennsylvania · 1899