Mitchell v. Inhabitants of Cornville
Massachusetts Supreme Judicial Court
* Assumpsit for the support of Lydia Dow, a pauper, [*333] which was tried on the general issue, before Thatcher, J., at the sittings here after June term, 1813. It appeared on the trial, that the pauper had a legal settlement in the town of Cornville, that she stood in need of relief, and that she was supplied by the plaintiff, who was her son-in-law, and lived in a plantation without the bounds of any incorporated town or district, not adjoining to Cornville, but to the…
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* Assumpsit for the support of Lydia Dow, a pauper, [*333] which was tried on the general issue, before Thatcher, J., at the sittings here after June term, 1813. It appeared on the trial, that the pauper had a legal settlement in the town of Cornville, that she stood in need of relief, and that she was supplied by the plaintiff, who was her son-in-law, and lived in a plantation without the bounds of any incorporated town or district, not adjoining to Cornville, but to the town of Garland. The plaintiff gave notice in writing to one of the overseers of the poor of said Cornville, that the…
1Opinion of the CourtParker, C. J.
This action cannot be supported ; the statute (1) ' giving no right of action to an individual who undertakes to support a pauper out of the place of her settlement, against the town where be or she may be lawfully settled. The duty of an individual [*334] in such a case is, to apply * to the overseers of the town wherein the pauper may be resident; and they are obliged to furnish immediate relief, and may recover the expense from the town to which the pauper belongs ; and the individual, if such overseers shall refuse or neglect to do their duty, may recover of such town an indemnity, as is…
2Cases cited1 opinion
- Watson v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1818
3Cited by2 opinions
- City of Marlborough v. City of LowellMassachusetts Supreme Judicial Court · 1937
- County Commissioners v. County CommissionersSupreme Court of Colorado · 1912