Wayne Township v. Porter Township
Wayne Township v. Porter Township
Opinion of the Court
This was a contest between the poor district of Wayne township and the poor district of Porter township about the settlement of John Ellenbarger, his alleged wife, and three children. In March, 1888, Ellenbarger made an application for relief to the overseers of the poor of Wayne township. The said overseers obtained an order of removal, and then removed the said pauper, his alleged wife, and the three children, to Porter township, Jefferson county. From this order, the authorities of Porter township appealed to the Court of Quarter Sessions, which court, after a hearing, discharged the appeal as to John Ellenbarger, and sustained it as to the woman and her three children.
The court below found, as a fact, that at the time of his alleged marriage with the woman, Elizabeth McGregor, he had a wife in full life from whom he had not been divorced. Under all' the authorities, a second marriage under such circum
Judgment affirmed.
Reference
- Full Case Name
- WAYNE TOWNSHIP v. PORTER TOWNSHIP
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. The settlement of a husband in a poor district is the settlement of Ms wife and their children; but, where the woman is not the man’s wife and their children are illegitimate, his settlement is not theirs. 2. As a decree upon an appeal from an order of removal does not affect any of the legal rights of the alleged wife or her children, excepting their right to support by the poor district, the validity of the alleged marriage may be determined in such a proceeding.