City of Somerville v. City of Boston
| Decision Date | 07 September 1876 |
| Parties | City of Somerville v. City of Boston |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Middlesex. Contract for supplies furnished Mary McCloskey from March 5, 1875, to April 10, 1875. The case was submitted to the Superior Court, and, after judgment for the plaintiff to this court on appeal, on an agreed statement of facts in substance as follows:
Mary McCloskey, being the wife of James McCloskey and more than twenty-one years of age, and not previously having a settlement in this Commonwealth, resided with him, after she arrived at said age, in Boston, for more than five years together, without either of them receiving relief as a pauper, and James McCloskey never derived or acquired a settlement either in Boston or in any other place in this Commonwealth.
If upon these facts, Mary McCloskey acquired a settlement in Boston, judgment was to be entered for the plaintiff otherwise, for the defendant.
Judgment for the defendant.
C. Robinson, Jr., for the plaintiff.
J. L. Stackpole, for the defendant.
The plaintiff seeks to recover for relief furnished under the pauper laws to a married woman. In support of the action it is contended that a married woman, who, before her marriage, had no settlement in this Commonwealth, acquired one under the St. of 1874, c. 274, § 2, in Boston, by marriage and five years' continuous residence in that city with her husband, who had himself no settlement there or elsewhere in this state, and who acquired none by such residence.
The statute relied on declares that any woman of the age of twenty-one years, who resides in any place within this state for five years together without receiving relief as a pauper, shall thereby gain a settlement in such place; and it expressly repeals the first section of the St. of 1870, c. 392, by which any unmarried woman of the age of twenty-one years was permitted to gain a settlement by ten years' residence.
The question here is, whether the later statute, by the omission of the word "unmarried," also repeals the provisions of the Gen. Sts. c. 69, § 1, by which the settlement of a married woman is made to follow the settlement of her husband if he has any; otherwise, her own at the time of marriage, if she then had any, is not lost or suspended by the marriage.
These statutes relate to the same subject matter; they constitute parts of a system devised for the regulation of a complicated part of the internal police of the Commonwealth; each must be construed so as to preserve, if possible, the harmony of the whole. In the language of Shaw, C. J., in Goddard v Boston, 20 Pick. 407, the two statutes ...
To continue reading
Request your trial
-
Jackson v. City of Boston
...Boston. Under the provisions of St. 1911, c. 669, § 1, cl. 2, by her marriage her settlement followed that of her husband. Somerville v. Boston, 120 Mass. 574, 575;Treasurer and Receiver General v. Boston, 229 Mass. 83, 86, 118 N. E. 284. Her settlement in Boston so acquired was not lost un......
-
State v. Eisen
...March 9, 1909). Also 22 Cyc. 344, where authorities are collated on the subject; State v. Ring, 77 Ark. 139, 91 S.W. 11; Sommerville v. Boston, 120 Mass. 574. This rule, it is true, like most others, has its and such are the instances considered in the authorities cited in the petition for ......
-
Bradford v. City of Worcester
...clause 6, at the time of tis original enactment in St. 1874, p. 188, c. 274, § 2, was held to apply only to unmarried women. Somerville v. Boston, 120 Mass. 574. And is said in the reasons given that 'the rule that the settlement of a married woman follows that of her husband has long been ......
-
Inhabitants of Dedham v. Inhabitants of Milton
... ... such relief he shall reimburse the cost thereof to the city ... or town furnishing the same." Section 2 of the St. of ... 1879 ... decision of this court in Somerville v ... Boston, 120 Mass. 574. It further enacted that ... "a settlement ... ...