Legal Opinion

Winfield v. Mapes

New York Supreme Court

Decided May 15, 1847PublishedCited by 2 opinions

Error to Orange O. P. The superintendents sued Winfield and Middaugh before a justice to recover a penalty of $50, for bringing Leah Giggey, a poor person, from the state of Pennsylvania into the town of Deerparlc, Orange county, in this state, and leaving her there, with intent to make the town of Deerparlc chargeable with the support of the pauper, contrary to the Statute of 1831, p. 346, § 1. The cause went to the O. P. by appeal.

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Error to Orange O. P. The superintendents sued Winfield and Middaugh before a justice to recover a penalty of $50, for bringing Leah Giggey, a poor person, from the state of Pennsylvania into the town of Deerparlc, Orange county, in this state, and leaving her there, with intent to make the town of Deerparlc chargeable with the support of the pauper, contrary to the Statute of 1831, p. 346, § 1. The cause went to the O. P. by appeal. On the trial there, the plaintiffs proved their case. The defendants proved, and offered evidence, which was rejected tending to' prove, that the pauper, many…

1Opinion of the Court

By the Court, Bronson, Ch. J.

It is not necessary to inquire whether the rejected evidence was competent, nor whether the abstract opinions which the court expressed to the jury were correct;' for if the defendants had made out their whole case by competent evidence, it would not have been a good answer to the action. It would only have proved that the pauper formerly had a legal settlement in this state, and that after she had resided many years in Pennsylvania, without gaining a settlement there, she was brought into this state at the time in question by the defendants, while acting under…

2Cited by2 opinions

  1. Gates v. WardNew York Supreme Court · 1854
  2. State ex rel. Board of Directors v. OvermanIndiana Supreme Court · 1901

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