Adams v. Oaks
New York Supreme Court
IN ERROR, on certiorari, to the General Sessions of the ^ n ^ 7 7. Jreace oí Jbranklm county. It appeared from the return, that on the 11th of May, 1821, a warrant was issued by two Justices of the Peace, . . , oí I' ranfdin county, reciting, that one Cyrus Potter, a pauPer) on die 19th of March, then last past, was taken sick and lame, in the town of Bangor, so that he could not be removed: that in consequence thereof, the town of Bangor had incurred expenses to the amotint…
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IN ERROR, on certiorari, to the General Sessions of the ^ n ^ 7 7. Jreace oí Jbranklm county. It appeared from the return, that on the 11th of May, 1821, a warrant was issued by two Justices of the Peace, . . , oí I' ranfdin county, reciting, that one Cyrus Potter, a pauPer) on die 19th of March, then last past, was taken sick and lame, in the town of Bangor, so that he could not be removed: that in consequence thereof, the town of Bangor had incurred expenses to the amotint of 30 dollars and 24 cents • that they, the said Justices, had adjudged, that his last place of legal settlement was in…
1Opinion of the CourtPlatt, J.
The 17th section of the " act for the relief and settlement of the poor,” (1 N. R. L. 279. 285.) gives an appeal to *284“ every person, who shall think himself aggrieved by any judgment or order, of any Justice or Justices,” &c. But 1 incline to the opinion, that the appellant was concluded from his appeal, hy omitting to appear and defend himself before the Justices who issued the warrant. In making an adjudication, that the pauper was settled in a particular town, with a view to an order of removal merely, no notice is required to be given; it is a proceeding esc parte. The Court of Sessions is…
2Cited by7 opinions
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- Maltby v. GreeneNew York Court of Appeals · 1864
- Maltby v. GreeneNew York Court of Appeals · 1864
- Pultz v. DiossyNew York Court of Common Pleas · 1877
- Trustees of Bloomfield v. Trustees of ChagrinOhio Supreme Court · 1832
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