16 Mass. 426 | Mass. | 1820
The only question presented in this statement of facts is, whether the defendants are estopped to deny the settlement of the pauper in their town, by the notice given to them in February, 1818.
The defendants never replied to that notice; and therefore, according to the provisions of the statute of 1793, c. 59, they would seem to be concluded by it. But we are satisfied that, under the circumstances of this case, they are not concluded ; and the construction, which we give to the twelfth section, is supported by other parts of the statute, as well as by the principles of the common law.
The statute provides two modes, by which the town to be charged may be estopped to deny or contest the settlement of the paupei
It is therefore not important to inquire whether the former action between these parties is to be considered as pending at the time the new notice was given, or as then determined; as in either case the notice would be inoperative as an estopel.
When a controversy between two parties has proceeded to a suit at law, there is generally an end to all other proceedings between them, in relation to that subject. They are to meet each other only 'n the Court where the cause is pending; and no tender, no new demand, or other like act of either párly, will usually have any effect to the prejudice of the other. A departure from this course, in a case like the present, would be peculiarly inconvenient and lin proper. If such a notice, by the town that is plaintiff in the suit, may be repeated once, with the effect given to such notice by the statute, there is nothing to prevent a more frequent repetition of it; and thus, after the first notice had been answered, in such a manner as to exclude and prevent the estopel, new notices might be given from month to month, or from week to week ; and if the defendants could not prove that every one of them had been seasonably answered, they would be estopped, and prevented from trying the
* According to the agreement of the parties, the plain- [ * 429 ] tiffs must be nonsuit, and judgment be entered for the defendants, for costs.
Plaintiffs nonsuit.