Inhabitants of Hallowell v. Inhabitants of Harwich
Massachusetts Supreme Judicial Court
This was an action of assumpsit for further expenses incurred in the relief and support of Ephraim Burgess, the pauper mentioned *" in the preceding case ; and was commenced on the 30th of August, 1815. The plaintiffs demand the amount of the expenses which arose between the 14th of November, 1810, (the time to which they recovered in the former suit,) and the 22d of November, 1814. It was admitted that the said Burgess, from the time that he first became chargeable as a…
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This was an action of assumpsit for further expenses incurred in the relief and support of Ephraim Burgess, the pauper mentioned *" in the preceding case ; and was commenced on the 30th of August, 1815. The plaintiffs demand the amount of the expenses which arose between the 14th of November, 1810, (the time to which they recovered in the former suit,) and the 22d of November, 1814. It was admitted that the said Burgess, from the time that he first became chargeable as a pauper in Hallowell, was at all times supported as such by said Hallowell, to the said last-mentioned day. If the Court…
1Opinion of the CourtParker, C. J.
The question presented by this case is twofold : 1. Whether the action can be maintained for the whole sum demanded, which is claimed as a reimbursement of expenses incurred from November 14, 1810, to November 22, 1814, notwithstanding the proviso in the ninth section *of the statute, which must be construed to be a limitation of the action to the term of two years after the cause of action accrued.
It is insisted by the plaintiffs that this limitation is not applicable to a case like the present, where there had been a previous action, upon which judgment was recovered by the plaintiffs, and…
2Cited by12 opinions
- Peters v. HangerCourt of Appeals for the Fourth Circuit · 1904
- City of Waltham v. City of NewtonMassachusetts Supreme Judicial Court · 1940
- Inhabitants of Reading v. City of MaldenMassachusetts Supreme Judicial Court · 1886
- City of Northampton v. Inhabitants of PlainfieldMassachusetts Supreme Judicial Court · 1895
- Inhabitants of Cummington v. Inhabitants of WarehamMassachusetts Supreme Judicial Court · 1852
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