Delaware Township v. Greenwood Township

Supreme Court of Pennsylvania

Delaware Township v. Greenwood Township

66 Pa. 63, 1870 Pa. LEXIS 275

DecidedMay 19, 1870

StatusPublished

This text of 66 Pa. 63 (Delaware Township v. Greenwood Township) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delaware Township v. Greenwood Township, 66 Pa. 63, 1870 Pa. LEXIS 275 (Pa. 1870).

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Opinion

The opinion of the court was delivered, July 7th 1870, by

Sharswood, J.

— In The Directors of the Poor of Chester County v. Malany, argued at January Term 1870, we had occasion to consider the subject of the jurisdiction in pauper cases, and it was held that, in controversies between contending townships, the jurisdiction was exclusively in the Quarter Sessions, by virtue of the 23d section of the Act of Assembly of June 13th 1836, Pamph. L. 530, and the 13th section of the Act of March 21st 1806, 4 Sm. L. 332. Nor can a promise by the overseers of one township to another divest the jurisdiction. If the township was not legally liable for the maintenance of the pauper, the promise of the overseers could not impose that responsibility upon it: Berks County v. Pile, 6 Harris 493. Nor can consent give jurisdiction. There was no error therefore in the charge of the learned judge below directing a verdict for the defendants.

Judgment affirmed.

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The opinion of the court was delivered, July 7th 1870, by

Sharswood, J.

— In The Directors of the Poor of Chester County v. Malany, argued at January Term 1870, we had occasion to consider the subject of the jurisdiction in pauper cases, and it was held that, in controversies between contending townships, the jurisdiction was exclusively in the Quarter Sessions, by virtue of the 23d section of the Act of Assembly of June 13th 1836, Pamph. L. 530, and the 13th section of the Act of March 21st 1806, 4 Sm. L. 332. Nor can a promise by the overseers of one township to another divest the jurisdiction. If the township was not legally liable for the maintenance of the pauper, the promise of the overseers could not impose that responsibility upon it: Berks County v. Pile, 6 Harris 493. Nor can consent give jurisdiction. There was no error therefore in the charge of the learned judge below directing a verdict for the defendants.

Judgment affirmed.

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Bluebook (online)

66 Pa. 63, 1870 Pa. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaware-township-v-greenwood-township-pa-1870.