Legal Opinion

Tamworth v. Freedom

Superior Court of New Hampshire

Decided July 15, 1845Published

Assumpsit, to recover for supplies furnished to James Wingate, a pauper, alleged to have his settlement in Freedom. Said Wingate began to reside in Freedom the last of December, 1827, or the first of January, 1828, and continued there to reside until the 28th day of May, 1834, when he removed and did not return. In the years 1828,1834, and in each of the interaaediate years, he was taxed in that town for his poll, having no property, and paid the taxes so assessed.

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Assumpsit, to recover for supplies furnished to James Wingate, a pauper, alleged to have his settlement in Freedom. Said Wingate began to reside in Freedom the last of December, 1827, or the first of January, 1828, and continued there to reside until the 28th day of May, 1834, when he removed and did not return. In the years 1828,1834, and in each of the interaaediate years, he was taxed in that town for his poll, having no property, and paid the taxes so assessed. The parties agreed that if Wingate, by the facts stated, acquired a settlement in Freedom, the plaintiffs should recover judgment…

1Opinion of the CourtWoods, J.

The statute provides, that “ any person, of the age of twenty-one years, who shall have resided in any town in this State, and being taxed for his poll for seven years in succession, shall have paid all taxes legally assessed upon his poll and estate during that term, shall thereby gain a settlement.”

The pauper, in this ease, resided less than seven years in the town of Freedom, but paid taxes for seven successive years, and the question is, whether the statute requires a residence for the whole period, or whether a residence for a part of the period be sufficient, if the party be *281actually…

2Cases cited2 opinions

  1. Town of Weare v. Town of New-BostonSuperior Court of New Hampshire · 1825
  2. Town of Wakefield v. Town of AltonSuperior Court of New Hampshire · 1826

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