Legal Opinion

Inhabitants of Dalton v. Inhabitants of Bernardston

Massachusetts Supreme Judicial Court

Decided September 15, 1812PublishedCited by 3 opinions

This action, which was assumpsit for the support of one Polly Severance, a pauper, was submitted to the decision of the Court, upon the following facts agreed by the parties,, viz.: That Polly Severance, formerly Polly Hall, is now a pauper, and an expense to the plaintiffs; that she was born, and had a legal settlement, in Bernardston; that, on the 4th day of March, 1800, she intermarried with one Erastus Severance, at Guilford, in the state of Vermont, the said Erastus…

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This action, which was assumpsit for the support of one Polly Severance, a pauper, was submitted to the decision of the Court, upon the following facts agreed by the parties,, viz.: That Polly Severance, formerly Polly Hall, is now a pauper, and an expense to the plaintiffs; that she was born, and had a legal settlement, in Bernardston; that, on the 4th day of March, 1800, she intermarried with one Erastus Severance, at Guilford, in the state of Vermont, the said Erastus having been born, and having at that time his legal settlement, in Greenfield, in the then county of Hampshire, in this…

1Opinion of the Court

The opinion of the Court was delivered by

Sedgwick, J.

The pauper, for whose support this action is brought, once had a legal settlement in the town of Bernardston; and such settlement continues, unless “ lost or defeated ” by gaining a new one. But if another settlement has been gained, then her former settlement is “ lost and defeated.”

The case states that, being so settled, on the 4th of March, 1800, she intermarried with Erastus Severance, of Guilford, in the state of Vermont. By the statute of 1793, c. 34, it is enacted, that “a married woman shall always follow and have the settlement of…

2Cases cited1 opinion

  1. Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819

3Cited by3 opinions

  1. Inhabitants of Cummington v. Inhabitants of BelchertownMassachusetts Supreme Judicial Court · 1889
  2. Inhabitants of Wilbraham v. Inhabitants of SturbridgeMassachusetts Supreme Judicial Court · 1850
  3. City of Bangor v. Inhabitants of VeazieSupreme Judicial Court of Maine · 1914

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