Overseers of the Poor of Vernon v. Overseers of the Poor of Smithville
New York Supreme Court
IN ERROR, on certiorari to the Court of General Sessions of the Peace, of the county of Chenango. On the 9th of November, 1816, two justices of Smithville, in the county of Chenango, made an order for the removal of William Chittenden, a pauper, of the age of eleven years and five months, from Smithville to Vernon, and adjudged that his legal settlement was in Vernon, (a) There was an appeal from this order to the Court of General Sessions of the Peace of the county of…
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IN ERROR, on certiorari to the Court of General Sessions of the Peace, of the county of Chenango. On the 9th of November, 1816, two justices of Smithville, in the county of Chenango, made an order for the removal of William Chittenden, a pauper, of the age of eleven years and five months, from Smithville to Vernon, and adjudged that his legal settlement was in Vernon, (a) There was an appeal from this order to the Court of General Sessions of the Peace of the county of Chenango, which affirmed the order. At the hearing, the appellants excepted to the order, 1. Because the justices had not…
1Opinion of the CourtWoodworth, J.
I will first consider the exceptions taken by the appellants to the form of the order. The justices “adjudge that the legal settlement of the pauper is in Vernon” This is sufficient; legal settlement, and last legal settlement, are the same thing, because, by every new settlement, the preceding one is discharged. (2 Salic. 473.)
The second exception is not tenable ; for whatever might be the construction given to the statute, in a case where it ⅜ stated that the pauper was likely to become a charge, there is no ground for the objection, when it is alleged, that the pauper had actually become,…
2Cited by2 opinions
- Trustees of Bloomfield v. Trustees of ChagrinOhio Supreme Court · 1832
- Overseer of the Poor of Shrewsbury v. Overseer of the Poor of HolmdelSupreme Court of New Jersey · 1880