County of Delaware v. Town of Delaware
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The County of Delaware, from, a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Delaware on the 4th day of March, 1904, upon the decision of the court rendered after a trial •at the Delaware Trial Term, the jury having been discharged, dismissing the plaintiff’s complaint.
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Appeal by the plaintiff, The County of Delaware, from, a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Delaware on the 4th day of March, 1904, upon the decision of the court rendered after a trial •at the Delaware Trial Term, the jury having been discharged, dismissing the plaintiff’s complaint. William Shelp and family, prior to May 13, 1901, had resided for more than a year, and thereby gained a settlement in the town of Delaware, county of Sullivan. On that day he voluntarily moved himself and family into the town of Hancock,…
1Opinion of the Court
Parker, P. J.:
I think it may be conceded that- Shelp and his .family had gained a settlement, and still retained it, in the town of Delaware, Sullivan county, when they applied for relief to the overseer of the town of Hancock (See Poor Law, § 40) ; and still the said town of Delaware was not liable to reimburse the county of Delaware for such relief. •
When" such family became in need of public relief it was actually residing in the county of Delaware. It had not been moved or enticed to move into such county as a “ poor person; ” but it had gone voluntarily into that county from the town of…
2Cases cited1 opinion
- Wood v. SimmonsNew York Supreme Court · 1889
3Cited by1 opinion
- County of Broome v. County of CortlandAppellate Division of the Supreme Court of the State of New York · 1912