State v. Hollis
Supreme Court of New Hampshire
Assumpsit, to recover for the board of a prisoner committed to the reform school from the defendant town. Facts found by a referee. The action was in the name of the state.' The defendants demurred, but the referee overruled the demurrer, and they excepted. The complaint against the prisoner and the warrant on which he was arrested were defective, but he made no objection, and when arraigned pleaded guilty, and was sentenced to the reform school for one year.
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Assumpsit, to recover for the board of a prisoner committed to the reform school from the defendant town. Facts found by a referee. The action was in the name of the state.' The defendants demurred, but the referee overruled the demurrer, and they excepted. The complaint against the prisoner and the warrant on which he was arrested were defective, but he made no objection, and when arraigned pleaded guilty, and was sentenced to the reform school for one year. Under this sentence he was committed from the defendant town on a mittimus, regular in form, issued by a justice of the peace residing…
1Opinion of the CourtStanley, J.
The prisoner was committed to the reform school from Hollis by order of a justice of the peace. In such cases the statute provides that the town from which the person was committed shall be liable to pay for his board, and may recover it of the parent or guardian of such person, or of the town or county liable for his support, as if he were a pauper. Gen. St., c. 269, ss. 23, 24.
But the defendants say that the proceedings before the justice were irregular, unauthorized, and defective, and therefore they are excused from the liability imposed by the statute. The defects complained of were such…
2Cases cited2 opinions
- Folsom v. Orient Fire Ins.Supreme Court of New Hampshire · 1879
- Merrimack County v. Town of JaffreySupreme Court of New Hampshire · 1878