Inhabitants of Shutesbury v. Inhabitants of Oxford
Massachusetts Supreme Judicial Court
Assumpsit for expenses incurred in the support of the wife and eight children of David, Rich. At the trial in the Court of Common Pleas, at the last August term * in Franklin, [ * 103 J the plaintiffs proved a notice to the overseers of the poor of Oxford, informing them that “ David Rich and his family ” were chargeable to the plaintiffs, and that they had their lawful settlement in Oxford, and requesting their removal.
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Assumpsit for expenses incurred in the support of the wife and eight children of David, Rich. At the trial in the Court of Common Pleas, at the last August term * in Franklin, [ * 103 J the plaintiffs proved a notice to the overseers of the poor of Oxford, informing them that “ David Rich and his family ” were chargeable to the plaintiffs, and that they had their lawful settlement in Oxford, and requesting their removal. The overseers of Oxford, within two months, returned to the overseers of Shutesbury the following written answer, viz. “ Gentlemen, we received your letter of the 4th of May…
1Opinion of the CourtParker, C. J.
The notice given by the overseers of Shutesbury was defective, for want of particularising the family of David Rich; and had the overseers of Oxford been silent, that town could not have been charged upon such notice. But defective notices may sometimes be cured by the conduct of the party to whom they are sent. The letter, of the overseers of Shutesbury was received by the overseers of Oxford; and they make a complaisant reply with respect to David Rich, whose settlement they deny to be in their town. They chose to say nothing about his family; and the presumption ought to be against them,…
2Cases cited1 opinion
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