51 Conn. 319 | Conn. | 1883
. The whole subject of the support of paupers and the liability of towns therefor is regulated by statute. Various acts have been passed upon this subject, and the one more especially relating to this case is as follows : — “ The selectmen of every town in which a pauper belonging to another town is chargeable shall give notice of
“ Willimantic, Conn., May 3d, 1882.
“ Selectmen of town of Lebanon. Dear Sirs: This is to notify you that Austin Seymour (colored), and wife, and four children, aged from ten years down to an infant, inhabitants of the town of Lebanon, are in this town on expense, and we shall look to the town of Lebanon for all lawful charges for their support. We supposed that Austin Seymour, a bastard child of Emily Barber, belonged to the town of Hebron, and consequently brought suit against that town, but the court decided that the family belonged to Lebanon, where the mother, Emily Barber, lived and belonged (in Exeter), and not in Hebron, as there was plenty of evidence to show. We would respectfully request that you remove this family to your town.” — [Signed by the Selectmen.]
Counsel for the defendants objected to the reception of this evidence, except as to the pauper Austin Seymour, whose name is mentioned therein; but the court admitted it subject to the objection. The defendants claimed, and requested the court to charge the jury, that under the notice no recovery could be had against the defendants in any event except for the support of the pauper whose name is given in this notice. The court did not so charge the jury, but charged them that they might regard the notice sufficient in respect to all the children as well as to the parents.
Was this charge correct? We are of opinion that it was so. What was the object of this provision of the statute, that the notice shall give the name of the pauper ? Clearly only to inform the town charged who the person or persons were needing support; to give the selectmen of such town information that would be readily understood, that a certain person or persons were paupers in the claimant town on expense, and that the latter town would
If what the court says in that case is to stand as good law, and we think it is so, it disposes of the main question in this case. It cannot be maintained for a moment that the defendant town from the notice given did not have “definite information as to the persons” claimed to be paupers, on expense and chargeable to that town. Indeed
As to the other question made relating to the settlement of Emily Barber, we think there was no error in the manner in which it was presented by the court.. It was admitted that Austin Seymour was the illegitimate son of Entity Barber, and was born in Middletown in this state about the year 1835, and it appeared that Emily Barber was then temporarily in that town; and the plaintiffs claimed and offered evidence that she was born in Lebanon about the year 1818. The defendants claimed and offered evidence to show that she was not born in Lebanon, and that Luther Barber her father resided continuously in the town of Hebron after her birth and during her minority, for more than six years. But the record states that neither party offered evidence to show, and that it did not appear otherwise than as above stated, that Luther Barber ever had any settlement in any town in this state. The defendants claimed that if the jury should find that Luther Barber
The same difficulty exists with regard to the claim of the defendants as to the effect of the marriage of Emily Barber in the summer after Austin Seymour was born — a fact which came out on the cross-examination of Lyman Barber, a brother of Emily and one of the plaintiffs’ witnesses, who
The rule is that the wife takes the settlement of the husband if he has any; if not, she retains her own. Danbury v. New Haven, 5 Conn., 584; Lebanon v. Hebron, 6 id., 45.
There is no error and the appeal is dismissed.
In this opinion the other judges concurred.