Moreland Township v. Davidson Township
| Decision Date | 13 May 1872 |
| Citation | 71 Pa. 371 |
| Parties | Moreland Township <I>versus</I> Davidson Township. |
| Court | Pennsylvania Supreme Court |
Before THOMPSON, C. J., SHARSWOOD and WILLIAMS, JJ. AGNEW, J., at Nisi Prius
Error to the Court of Quarter Sessions of Sullivan county: No. 153, to January Term 1872.
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J. L. Grim and R. L. Bentley, for the plaintiff in error.—The admissions and declarations of a pauper are not evidence: West Buffaloe v. Walker, 7 Watts 173. The service to gain a settlement must be under a "hiring" for a year: Act of June 13th 1836, § 9, Pamph. L. 542, 2 Br. Purd. 1155, pl. 10. A contract must appear: Lewistown v. Granville, 5 Barr 284
T. J. Ingham and E. M. Dunham, for defendant in error.— The care of the pauper was on Moreland, and it could not be relieved by her removal to Davidson: Kelly Township v. Union Township, 5 W. & S. 536; Milton Township v. Williamsport, 9 Barr 46. As to the hiring they cited Heidleberg v. Lynn, 5 Wharton 433.
This case is before us on a writ of error to the Quarter Sessions of Sullivan county, under the provisions of the Act of 16th March 1868, Pamph. L. 46, which provides that "Upon the hearing and argument of all appeals, before any court of Quarter Sessions, from the order of removal of paupers from one district to another, it shall be lawful for either of the parties to the issue to except to any decision of the court upon any point of evidence or law, which exception shall be noted by the court and filed of record, as in civil cases; and a writ of error to the Supreme Court may be taken by either party to the judgment of the court with like effect as in civil cases."
It may be well for the profession to notice this provision for it changes the practice in pauper cases to be brought up for review, materially. Formerly the practice was to bring the whole case up on appeal; the evidence and opinion of the court with the record. Now only such matters of law and fact as are excepted to on the hearing can come up. The matters of fact mean such, we presume, as are not properly evidence, or if, evidence from which an erroneous conclusion is thought to have been deduced. The case in hand is sufficiently before the court under the act.
The law of the learned court is not excepted to, and we have only to deal with exceptions to certain facts received in evidence and the deductions from them.
The first exception has reference to the evidence and finding of the learned judge of a hiring and performance of service by Anna Sperry, in Benton township, Columbia county, at one Doty's for a year. The proof was by a brother of Anna, who testified that he visited her while she worked there; that she was strong and capable of doing full work as a house servant; that she worked there one or two years, and that he thinks she worked for wages; that he always understood it so, and that Doty's family were no relations of hers. It was earnestly contended that this was not a hiring, and the performance of service for a whole year under which a settlement could be gained. It would not be, under the English rule, but we think it was under our more liberal rule. If one who is no relative, and not an object of charity but able to earn wages, is proved to have been employed in the service of another for a year, or any other period of time, the law implies a promise to pay, on the implication of a contract. Certainly this presumption of...
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