Town of Rupert v. Town of Sandgate
Supreme Court of Vermont
This was an appeal from au order for the removal of Sylvia White, a pauper, from the town of Rupert to the town of Sandgate, made on the 21st day of' April, 1837. Plea — ■. that the pauper was unduly removed, because the residence of the said pauper was not in the town of Sandgate, at the time of making said order of removal, and issue thereon was joined.
Read the full summary
This was an appeal from au order for the removal of Sylvia White, a pauper, from the town of Rupert to the town of Sandgate, made on the 21st day of' April, 1837. Plea — ■. that the pauper was unduly removed, because the residence of the said pauper was not in the town of Sandgate, at the time of making said order of removal, and issue thereon was joined. The appeal was entered in the county court, at the June term, 1837, and the issue was tried at the December term, 1837. At the last mentioned term of' said court, the defen-r. dants moved to quash said order of removal, for the following…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
In this cause, at the second term, a motion to quash was interposed. This was overruled as out of time. Most undoubtedly this was a dilatory plea, and the county court must make and enforce their own rules, as to the time of pleading. Had the court entertained the motion, it could not have been assigned for error, that it was done out of time ; for the court may, in their discretion, dispense with their rules ; and e converso, if the court reject the plea, as out of the time fixed by their rules, it is no error in law.
On the trial of the…
2Cited by1 opinion
- Town of Stowe v. Town of BrookfieldSupreme Court of Vermont · 1854