Legal Opinion

Pomeroy v. Wells

New York Court of Chancery

Decided May 19, 1840PublishedCited by 7 opinions

This case came before the court upon a demurrer to the complainants’ bill. The complainants alleged that the defendant, who resided in Plainfield, in the county of Otsego, was married to L. Stillman in 1829, and that from that time both the defendant and his wife had been and still were inhabitants of that county ; that in 1830 the defendant’s wife became insane and unable to provide for herself, and was provided for by the defendant until December, 1836, when he abandoned…

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This case came before the court upon a demurrer to the complainants’ bill. The complainants alleged that the defendant, who resided in Plainfield, in the county of Otsego, was married to L. Stillman in 1829, and that from that time both the defendant and his wife had been and still were inhabitants of that county ; that in 1830 the defendant’s wife became insane and unable to provide for herself, and was provided for by the defendant until December, 1836, when he abandoned her, and refused to provide for her any longer; alleging that he had obtained a divorce from her in the state of…

1Opinion of the Court

The Chancellor.

Some of the formal objections to the complainants’ bill are well taken, and the demurrer must be allowed for that reason, even if this court could grant the relief asked for upon the. merits. The county of Otsego is not one of those counties in which the distinction between town and county paupers is abolished in the revised statutes. And though it is probable the supervisors have abolished the distinction, as they are authorized to do by the 24th section of the title of the revised statutes relative to the relief and support of indigent persons, (1 R. S. 620,) so as to make…

2Cited by7 opinions

  1. Trotter v. TrotterIllinois Supreme Court · 1875
  2. Alger v. MillerNew York Supreme Court · 1868
  3. Norton v. RhodesNew York Supreme Court · 1854
  4. Vitan v. VitanNew York Court of General Session of the Peace · 1888
  5. Leith v. LeithSupreme Court of New Hampshire · 1859

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