Smith v. Peabody
Massachusetts Supreme Judicial Court
Two actions OF tort. The declaration in the first case alleged that the plaintiff, a widow, was the mother of three child* ten, John, Kate and Thomas, and that the defendants, in October 1865, seized and took the children against her will, and have since kept them imprisoned and restrained against her will, and deprived her of their society and assistance.
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Two actions OF tort. The declaration in the first case alleged that the plaintiff, a widow, was the mother of three child* ten, John, Kate and Thomas, and that the defendants, in October 1865, seized and took the children against her will, and have since kept them imprisoned and restrained against her will, and deprived her of their society and assistance. Writ dated May 21, 1870. At the trial of this case, in the superior court, before Brigham, C. J., it appeared that the plaintiff and her three children, John aged ten, Kate seven and Thomas five years, in October 1865, being poor and in…
1Opinion of the CourtChapman, C. J.
The declaration alleges that the plaintiff, a widow, is the mother of three children, namely, John, Kate and Thomas, and that the defendants, in October 1865, seized and took these children, and have since kept them imprisoned and restrained, against her will, and deprived her of their society and assistance.
The proof was, that she and her children, in October 1865, being poor and in need of support as paupers, went to the poorhouse in Lowell, and were there supported as paupers. This fact gave to the overseers of the poor the care and oversight of each of them, with power to see that they…
2Cited by3 opinions
- Spring v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1884
- Aldrich v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1880
- Inhabitants of Freedom v. McDonaldSupreme Judicial Court of Maine · 1917