Inhabitants of Freeport v. Inhabitants of Edgecumbe
Massachusetts Supreme Judicial Court
Assumpsit. The declaration contained two counts. First, Indebitatus assumpsit for money laid out and expended. The Second stated, that on the tenth day of December, 1802, one E. J., being an inhabitant of the said town of Edgecumbe, and having a lawful settlement therein, but then found in and residing in the said town of Freeport, in distress, and standing in need of immediate relief, the plaintiffs, as they were obliged thereto, then and there provided for her relief, &c.,…
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Assumpsit. The declaration contained two counts. First, Indebitatus assumpsit for money laid out and expended. The Second stated, that on the tenth day of December, 1802, one E. J., being an inhabitant of the said town of Edgecumbe, and having a lawful settlement therein, but then found in and residing in the said town of Freeport, in distress, and standing in need of immediate relief, the plaintiffs, as they were obliged thereto, then and there provided for her relief, &c., from the said 10th day of December to the 10th day of June following; that they gave notice to the defendants on the…
1Opinion of the Court
The Court,
(Sedgwick, Sewall, and Thacher, justices) seemed inclined to think that the plea was good ; and the counsel, believing that their opinion was against him, moved for liberty to withdraw the demurrer and reply. Upon which the Court said that the *345plea amounted to the general issue, and would have been bad upon a special demurrer assigning that for cause ; and that the facts relied on, in the plea in bar, would be proper evidence under the plea of non assumpsit. The counsel for the parties immediately agreed to strike out these pleadings, and that the cause should proceed to trial under…
2Cited by3 opinions
- City of New Bedford v. Inhabitants of HinghamMassachusetts Supreme Judicial Court · 1875
- The BolinaU.S. Circuit Court for the District of Massachusetts · 1812
- Town of Poplin v. Town of HawkeSuperior Court of New Hampshire · 1836