Inhabitants of Templeton v. Stratton
Massachusetts Supreme Judicial Court
Complaint, filed May 2, 1878, under the Gen. Sts. e. 70, § 5, to obtain from the defendant contribution towards the support of his adult daughter, Josephine Stratton, an imbecile and pauper. Trial in the Superior Court, without a jury, before Pitman, J., who found the following facts: Josephine Stratton has been for many years supported in whole or in part by the plaintiff town, and is thirty-five years of age.
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Complaint, filed May 2, 1878, under the Gen. Sts. e. 70, § 5, to obtain from the defendant contribution towards the support of his adult daughter, Josephine Stratton, an imbecile and pauper. Trial in the Superior Court, without a jury, before Pitman, J., who found the following facts: Josephine Stratton has been for many years supported in whole or in part by the plaintiff town, and is thirty-five years of age. The defendant was formerly a farmer, and more recently a pedler, and lived in Templeton until about the time this complaint was filed, when he moved to Harvard. For some years he was a…
1Opinion of the CourtAmes, J.
By the terms of the Gen. Sts. e. 70, §§ 4-6, the defendant was liable on this process, if found to be of sufficient ability, and in proportion to his ability, to be assessed a reasonable sum for or towards the support of the pauper, to the time of the assessment, and a further weekly sum towards her future support. The statute furnishes no definition of the words “ sufficient ability. ” Each case of the kind must depend upon its own special circumstances, and to a large extent also upon the discretion of the court. The only question of law presented by this bill of exceptions is as to the…
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