Inhabitants of Topsham v. Inhabitants of Harpswell
Massachusetts Supreme Judicial Court
The declaration in this case contained three counts. 1. Indebitatus assumpsit, in the sum of 62 dollars and 2 cents, according to an account annexed to the writ. 2. A count for labors, &c., done and performed, and moneys expended at the request of the defendants in relieving, supporting and burying one S. G., a pauper of the said town of Harpswell, upon a quantum meruit. 3. An indebitatus assumpsit, in 62 dollars and 2 cents, for moneys laid out and expended, for the use of…
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The declaration in this case contained three counts. 1. Indebitatus assumpsit, in the sum of 62 dollars and 2 cents, according to an account annexed to the writ. 2. A count for labors, &c., done and performed, and moneys expended at the request of the defendants in relieving, supporting and burying one S. G., a pauper of the said town of Harpswell, upon a quantum meruit. 3. An indebitatus assumpsit, in 62 dollars and 2 cents, for moneys laid out and expended, for the use of the defendants and at their request, in the support, relief and buz'ial of one S'. G., a pauper of said town of…
1Opinion of the Court
But the Court were clearly of opinion that sufficient was stated, and that if there were any objection to the notice, it ought to have been made by the overseers of the poor in Harpswell at the time of receiving the notice.
The counsel then insisted that there ought to be a new trial for the third reason assigned. By the 9th sect, of the statute, “ expenses incurred for the support and relief of a pauper, as also for his burial, in case of his decease, may be sued for and recovered in a civil action, by the town incurring the same, against the town wherein such pauper had his settlement. And…
2Cited by1 opinion
- City of Lynn v. City of NewburyportMassachusetts Supreme Judicial Court · 1863