Inhabitants of Shirley v. Inhabitants of Lunenburg
Massachusetts Supreme Judicial Court
This was a writ of error to the Common Pleas of this county, upon a judgment of that court, in a cause wherein the inhabitants of Lunenburg were complainants, and the * in- [ * 880 J habitants of Shirley were defendants, upon an appeal from the judgment of a justice of the peace for this county.
Read the full summary
This was a writ of error to the Common Pleas of this county, upon a judgment of that court, in a cause wherein the inhabitants of Lunenburg were complainants, and the * in- [ * 880 J habitants of Shirley were defendants, upon an appeal from the judgment of a justice of the peace for this county. The application to the justice was for the removal of Polly Mills and her bastard child from Lunenburg to Shirley, alleged by the complainants to be the place of her legal settlement, and for the reimbursement of sundry charges which had been incurred by the complainants on account of the said…
1Opinion of the CourtParker, C. J.
The first error assigned in this case, and probably that which is most relied on as a cause for reversing the judgment, is, that it does not appear, from the record, tha.t the [ * 382 ] pauper, who was the subject of the process, was * sum-*347maned to appear before the justice at the original hearing, or subsequently upon the appeal before the Common Pleas.
The litigation being between the two towns, and not between the complainants and the pauper, it is evident that the presence of the pauper at either of the hearings could be of importance in no other view than as her testimony might be used by…
2Cases cited1 opinion
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
3Cited by25 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
- Robinette v. PriceSupreme Court of Minnesota · 1943
- Department of Revenue v. JarvenpaaMassachusetts Supreme Judicial Court · 1989
20 more not listed; retrieve them via the Exa API.