Legal Opinion

Inhabitants of Middleborough v. Inhabitants of Rochester

Massachusetts Supreme Judicial Court

Decided July 15, 1815PublishedCited by 13 opinions

Assumpsit for the expenses incurred by the plaintiffs in supporting one Susannah Winslow and her child, the lawful settlement of the said paupers being, as the plaintiffs alleged, in the town of Rochester.

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Assumpsit for the expenses incurred by the plaintiffs in supporting one Susannah Winslow and her child, the lawful settlement of the said paupers being, as the plaintiffs alleged, in the town of Rochester. A verdict was taken, at the sittings here after the last October term, for the defendants, subject to the opinion of the Court upon a case stated by the parties, in which it was agreed that the charges by the plaintiffs were reasonable, and that due notice had been given by the overseers of Middleborough to the overseers of Rochester, to which a seasonable answer was returned ; and that the…

1Opinion of the Court

* Parker, C. J.,

delivered the opinion of the Court. The verdict having established the fact, that Ebenezer Winslow, to whom the pauper was formerly married, was, at the time of the solemnization, void of understanding, so as to be incapable of making a valid contract, judgment must be entered for the defendants, unless a marriage, solemnized under such circumstances, will change the settlement of a female pauper from the place of her nativity to the place of her supposed husband’s settlement. No authority has been cited to show that such a marriage is valid to any intent or purpose whatever.…

2Cited by13 opinions

  1. In Re the Estate of GregorsonCalifornia Supreme Court · 1911
  2. Garnett v. GarnettMassachusetts Supreme Judicial Court · 1874
  3. Clark v. FieldSupreme Court of Vermont · 1841
  4. Kuehmsted v. TurnwallSupreme Court of Florida · 1932
  5. Town of Mountholly v. Town of AndoverSupreme Court of Vermont · 1839

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