Barker v. Inhabitants of Chesterfield
Massachusetts Supreme Judicial Court
Contract to recover $125 as a bounty for service in the army of the United States. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon a statement of facts of which the material part was as follows: “ The plaintiff reenlisted while in Virginia in January 1864, as a volunteer in the army of the United States, and caused his name to be credited to the quota of Chesterfield, Afterwards, while in that town upon a furlough, he had…
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Contract to recover $125 as a bounty for service in the army of the United States. The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon a statement of facts of which the material part was as follows: “ The plaintiff reenlisted while in Virginia in January 1864, as a volunteer in the army of the United States, and caused his name to be credited to the quota of Chesterfield, Afterwards, while in that town upon a furlough, he had conversations with persons who were then the legally elected and acting selectmen of the town, a part or all of whom…
1Opinion of the CourtGray, J.
Towns have no power to vote money to or for soldiers, except as authorized by statute. Grover v. Pembroke, 11 Allen, 88. Copeland v. Huntington, 99 Mass. 525. The statutes on which the plaintiff relies to justify the votes of the defendant town are those of 1863, c. 38, and 1864, c. 103.
The St. of 1863, c. 38, entitled “ An act to legalize the doings of towns in aid of the war,” was passed and took effect on the 27th of February 1863, and declared that “ the acts and doings of cities and towns in paying or agreeing to pay bounties and recruiting expenses for soldiers already furnished by…
2Cases cited4 opinions
- Palmer v. Inhabitants of HaverhillMassachusetts Supreme Judicial Court · 1868
- Gale v. Town of JamaicaSupreme Court of Vermont · 1867
- Copeland v. Inhabitants of HuntingtonMassachusetts Supreme Judicial Court · 1868
- Hitchcock v. Town of LitchfieldConnecticut Superior Court · 1790
3Cited by5 opinions
- Town of Canton v. BrunoMassachusetts Supreme Judicial Court · 1972
- Blackstone v. Standard Life & Accident InsuranceMichigan Supreme Court · 1889
- Boylston Market Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Sceery v. City of SpringfieldMassachusetts Supreme Judicial Court · 1873
- Town of Canton v. BrunoMassachusetts Supreme Judicial Court · 1972