Legal Opinion

Ex parte Hunt

New York Supreme Court

Decided February 15, 1826PublishedCited by 2 opinions

At their last August term, the general sessions of Wash-ington county made an order on Hunt, (among others) pur suant to the statute, (1 R. L. 286, sect. 21,) to maintain W. g. and E. his wife, paupers, on the ground that Hunt’s fa-ther married the daughter of the paupers; and that Hunt was the son of that marriage, ° D. Russell, moved for a mandamus, commanding the ses sions to vacate their order.

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At their last August term, the general sessions of Wash-ington county made an order on Hunt, (among others) pur suant to the statute, (1 R. L. 286, sect. 21,) to maintain W. g. and E. his wife, paupers, on the ground that Hunt’s fa-ther married the daughter of the paupers; and that Hunt was the son of that marriage, ° D. Russell, moved for a mandamus, commanding the ses sions to vacate their order. He said the statute does not compel a man to maintain the indigent parents of his wife. (1 Bl. Com. 448, Christian’s note. Reeve’s Dom. Rel. 284. 2 Ld. Raym. 1454. 1 Str. 190. 4 T.R 118. Kirby’s…

1Per curiam

The statute is, that, the children and grandchildren shall maintain their indigent parents and grand parents. The paupers are the maternal grand parents of Hunt.

He is thus within the terms of the statute ; and we see no reason, in principle or authority, why he should be exempted. The authorities cited, exempt the son-in-law, on the ground that the statute means natural relations only, which’ is not this case. We have nothing to do with the question of expediency.

It is questionable whether a mandamus lies, the matter being res judicata in the court below. But whether it does or not, we are…

2Cited by2 opinions

  1. Roberts v. StateSupreme Court of Georgia · 1853
  2. Reynolds v. Champlain Transportation Co.New York Supreme Court · 1853

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