Legal Opinion

Inhabitants of Reading v. City of Malden

Massachusetts Supreme Judicial Court

Decided May 8, 1886PublishedCited by 2 opinions

Contract for expenses incurred in the relief of Sarah L. Penney, whose settlement was alleged to be in the defendant city. Writ dated September 15, 1888. Trial in the Superior Court, before Enowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant admitted that Sarah L. Penney had a lawful settlement in Malden; but contended that the action was not seasonably commenced.

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Contract for expenses incurred in the relief of Sarah L. Penney, whose settlement was alleged to be in the defendant city. Writ dated September 15, 1888. Trial in the Superior Court, before Enowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant admitted that Sarah L. Penney had a lawful settlement in Malden; but contended that the action was not seasonably commenced. It was agreed that, on March 2, 1881, and on March 31, 1881, the plaintiff gave notice to the defendant that it was aiding said Penney, and should continue so to do until she should be removed, or…

1Opinion of the CourtMorton, C. J.

The statute provides that, when one town furnishes relief to paupers whose settlement is in another town, the expenses thereof “ incurred within three months next before notice given to the place to be charged, as also of their removal, or burial in case of their decease, may be recovered by the place incurring the same against the place liable therefor, in an action at law, to be instituted within two years after the cause of action arises, but not otherwise.” Pub. Sts. c. 84, § 14. These provisions of law have been in force since the St. of 1793, c. 59, was enacted; and it has uniformly…

2Cases cited2 opinions

  1. Inhabitants of Townsend v. Inhabitants of BillericaMassachusetts Supreme Judicial Court · 1813
  2. Inhabitants of Hallowell v. Inhabitants of HarwichMassachusetts Supreme Judicial Court · 1817

3Cited by2 opinions

  1. City of Northampton v. Inhabitants of PlainfieldMassachusetts Supreme Judicial Court · 1895
  2. Inhabitants of Weymouth v. City of BostonMassachusetts Supreme Judicial Court · 1927

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