Foster v. Inhabitants of Worcester
Massachusetts Supreme Judicial Court
This was assumpsit to recover the expenses incurred m the support and maintenance of Thomas Jones and John M‘Laughlin in the State Lunatic Hospital. - By an agreed statement of facts, it appeared, that on July 21, 1828, Jones, who had never had a home or any legal settlement in this Commonwealth, was duly proceeded against as a vagrant, under St. 1787, c. 54, and committed to the house of correction in the town of Worcester, fo the term of thirty days ; that at the…
Read the full summary
This was assumpsit to recover the expenses incurred m the support and maintenance of Thomas Jones and John M‘Laughlin in the State Lunatic Hospital. - By an agreed statement of facts, it appeared, that on July 21, 1828, Jones, who had never had a home or any legal settlement in this Commonwealth, was duly proceeded against as a vagrant, under St. 1787, c. 54, and committed to the house of correction in the town of Worcester, fo the term of thirty days ; that at the expiration of this term, but before his dts charge, and on complaint made to two justices of the peace for the county, one of…
1Opinion of the Court
Shaw C. J.
drew up the opinion of the Court. This is an acdon against the town of Worcester, brought by the treasurer of the State Lunatic Hospital, upon the provisions of the St. 1834, c. 150, being the last general act, for the administration of the affairs of that hospital. * The action is *73founded wholly on the statute ; it is instituted by the plaintiff in aider droit, having no personal right or claim, and he can maintain it only by bringing himself within the provisions of the statute. The several preceding acts respecting the State Lunatic Hospital, (St. 1832, c. 163, St. 1833, c. 1,…
2Cases cited2 opinions
- Cargill v. Inhabitants of WiscassetMassachusetts Supreme Judicial Court · 1807
- Adams v. Inhabitants of WiscassetMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901