Legal Opinion

Overseers of the Poor of Toby Township v. Overseers of the Poor of Madison

Supreme Court of Pennsylvania

Decided January 5, 1863PublishedCited by 1 opinion

Certiorari to the Quarter Sessions of Clarion county. This was an appeal by the overseers of the poor of Madison township, from an order made by the Quarter Sessions for the removal of Jackson Platt, a lunatic, from Toby township, Clarion county.

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Certiorari to the Quarter Sessions of Clarion county. This was an appeal by the overseers of the poor of Madison township, from an order made by the Quarter Sessions for the removal of Jackson Platt, a lunatic, from Toby township, Clarion county. On hearing the case and the testimony of the witnesses who were examined before a commissioner, the court below decreed “that the order made by the justices for the removal of the pauper from Toby township to Madison township be and is hereby quashed, reversed, and set aside, and that the appellee, the township of Toby, pay the costs,” &c.; which…

1Opinion of the Court

The opinion of the court was delivered, by

Woodward, J.

The respective judgments which it is proper for Courts of Quarter Sessions to enter in appeal cases from the orders of removal of paupers, were clearly marked out by Chief Justice Gibson in the case of West Buffalo v. Walker Township, 8 Barr 180, and ought to be observed and followed. When it is considered that the question in such cases always is whether the pauper has been removed to his last place of legal settlement, and therefore that townships and districts which have no notice of the proceeding, and are not present to be heard, may…

2Cited by1 opinion

  1. In re Lunacy of ChristySuperior Court of Pennsylvania · 1896

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