Choate v. Inhabitants of Rochester

Massachusetts Supreme Judicial Court
Choate v. Inhabitants of Rochester, 79 Mass. 92 (Mass. 1859)
Metcalf

Choate v. Inhabitants of Rochester

Opinion of the Court

Metcalf, J.

This action cannot be maintained, whether the court admit or deny the position taken by the plaintiff’s counsel, that the enforced absences of the pauper from his estate in Rochester did not prevent his gaining a settlement there in the fourth mode prescribed by the Rev. Sts. c. 45, § 1, by having that estate and living on it three years successively ; for he was supported as a pauper before he had lived three years on his estate. It is settled that no part of the time during which a person receives support or aid as a pauper can be computed as part of the three years. East Sudbury v. Sudbury, 12 Pick. 1. Brewster v. Dennis, 21 Pick. 236. Taunton v. Middleborough, 12 Met. 35. Judgment for the defendants for costs.

Reference

Full Case Name
George C. S. Choate, Treasurer of the State Lunatic Hospital at Taunton v. Inhabitants of Rochester
Status
Published