51 Me. 414 (Me. 1864), City of Calais v. Bradford

• Judge: CUTTING, DAVIS, KENT, WALTON and DANFORTH, JJ., concurred.
• Parties: CITY OF CALAIS v. JOSEPHUS BRADFORD.
• Citation: 51 Me. 414
• Date: Invalid date
• Court: Maine Supreme Court
• Docket Number: .

Page 414

51 Me. 414 (Me. 1864)

CITY OF CALAIS

v.

JOSEPHUS BRADFORD.

Supreme Judicial Court of Maine.

1864

The complaint authorized bye c. 32 of R. S. of 1841, against certain kindred of a pauper, to compel them to contribute to his support, should be in the name of the city or town in which the pauper resides.

Where judgment has been rendered in favor of the overseers of the poor of such town, on their complaint, the judgment cannot be revived by scire facias in the name of the town,--although the town is beneficially interested in its enforcement,--even. if this were the proper process by which to obtain a warrant of distress under the statute.

If a demurrer may be properly filed to a specification of defence, the defendant

Page 415

may take advantage on argument on demurrer of any defect in the plaintiff's writ; and judgment will be against the party whose pleadings were first defective in substance.

EXCEPTIONS from the ruling at Nisi Prius of BARROWS, J.

SCIRE FACIAS against the defendant, to show cause why a warrant of distress should not issue against him, to collect the amount of a judgment rendered against him, in favor of William D. Lawrence and others, overseers of the poor of the city of Calais, on their complaint under the statute, to require him to contribute to the support of his father, who had become chargeable to the said city of Calais, as a pauper. The judgment was rendered at October term, 1857.

The defendant filed his specification of the ground and nature of his defence; which was in substance, that, at the time of the rendition of said judgment, and long before and ever since that time, he was and has been destitute of property and without the means to contribute to the support of said pauper, & c.

The plaintiffs demurred to the specification of defence, and issue was joined by the defendant.

The presiding Judge sustained the demurrer and ordered a warrant of distress to issue; to which ruling the defendant excepted.

C. Record, in support of the exceptions.

E. B. Harvey, contra.

OPINION

APPLETON, C. J.

By R. S., 1841, c. 32, § 6, certain specified kindred of paupers living within the State, and of sufficient ability, are made liable to support such paupers, in proportion to such ability, respectively.

By § 7, the proceedings for the purpose of apportioning the expenses for such support, among the kindred liable therefor, are to be " upon complaint made by any town," where any...