76 Vt. 104 | Vt. | 1903
This suit was brought upon the claim that Maggie M. Howe had become poor and in need of assistance in the plaintiff town, which had expended money for her support; that the defendant was the town of her legal residence and therefore liable to the plaintiff for the money so- expended.
1. It is a prerequisite to a right of action by one town against another town to recover for assistance furnished to a
“Essex, Vt., May 8th, 1902.
James Hutchinson, Bsq.,
Overseer of Poor, Jericho, Vt.
Dear Sir:—
Mrs. Maggie M. Howe (wife of Martin Howe) has applied to me for assistance from this town and I understand, she is a legal resident of Jericho, therefore I hereby notify you accordingly, and from this date all necessary expense for her maintenance and support must be paid by the town of Jericho-.
George Beecher.”
It is clear that the notice is not in compliance with V. S. 3172, in that it contains no statement of the “condition” of the-person who had applied for assistance. It was held in Randolph v. Roxbury, 70 Vt. 175, Atl. 49, that it is not essential that the town giving the notice had furnished assistance to the person in question, nor that such person had applied to that town for assistance, but that it is essential that the notice should state facts showing that the person was in such a condiion as to require assistance, so- that the town sought to be charged might have the time and the data for ascertaining whether the person required assistance, and if so, whether that town was liable for the person’s support. Mount Holly v. Peru, 72 Vt. 68, 40 Atl. 103.
When Mrs. Howe left her husband she declared her purpose never to return, and agreed with him that she would never call upon him for support. But this separation did not change her residence, for the purpose of support, from the-town of her husband’s legal residence while he lived. The-Act of 1886, does not enable a married woman to1 gain a residence separate from that of her husband. Mount Holly v. Peru is full authority upon this point.
By reason of the defect in the notice this action cannot be maintained.
Pro forma judgment reversed, and judgment for the de~. fendant.