Inhabitants of Blackstone v. Inhabitants of Seekonk
Massachusetts Supreme Judicial Court
This was an action of assumpsit, to recover for expenses incurred in the support of Henry Williams, a pauper. At the trial in the court of common pleas, before Hoar, J., the plaintiffs having made out a primd facie case against the defendants, tracing the pauper’s settlement to a maternal ancestor, the defendants then introduced evidence, that Henry, the pauper, was the son of James, who was the son of Timothy, who was the illegitimate son of Elizabeth O’Brien, the daughter…
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This was an action of assumpsit, to recover for expenses incurred in the support of Henry Williams, a pauper. At the trial in the court of common pleas, before Hoar, J., the plaintiffs having made out a primd facie case against the defendants, tracing the pauper’s settlement to a maternal ancestor, the defendants then introduced evidence, that Henry, the pauper, was the son of James, who was the son of Timothy, who was the illegitimate son of Elizabeth O’Brien, the daughter of Dennis O’Brien, whose settlement was in Swanzey. After the death of said Dennis, his widow and this daughter removed…
1Opinion of the CourtMetcalf, J.
By the common law of England, and until the St. of 4 St 5 Wm. 4, c. 76, illegitimate children, as a general rule, had their settlement where they were born. Rex v. Inhabitants of Astley, Cald. 559; 1 Bl. Com. 459; Gambier on Parochial Settlements, 107 -109. By the same law, legitimate children have a settlement in the place of their birth, if neither of their parents has a settlement elsewhere. 1 Bl. Com. 362. We have not been able to ascertain, to our entire satisfaction, whether this was ever the law of Massachusetts *76Mr. Dane and Mr. Leavitt supposed that it was. 2 Dane Ab. 408; Leavitt’s…
2Cases cited4 opinions
- Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Boylston v. Inhabitants of PrincetonMassachusetts Supreme Judicial Court · 1816
- Inhabitants of Newton v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1817
3Cited by5 opinions
- State ex rel Tompton v. DenoyerNorth Dakota Supreme Court · 1897
- Clay v. StateSupreme Court of Kansas · 1866
- United States v. StahlU.S. Circuit Court for the District of Kansas · 1868
- United States v. AmesU.S. Circuit Court for the District of Massachusetts · 1845
- United States v. StahlSupreme Court of Kansas · 1868