Town of Sutton v. Town of Cabot
Supreme Court of Vermont
Appeal from an order of removal of Mehitable Smith, a pauper, from Sutton to Cabot, made by two justices of the peace, pursuant to the statute. The defendants pleaded, first, that, at or before the time of making the order of removal, the pauper had not come to reside, and did not reside, in Sutton; and secondly, that the last legal settlement of the pauper, at the time the order was made, was not in Cabot.
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Appeal from an order of removal of Mehitable Smith, a pauper, from Sutton to Cabot, made by two justices of the peace, pursuant to the statute. The defendants pleaded, first, that, at or before the time of making the order of removal, the pauper had not come to reside, and did not reside, in Sutton; and secondly, that the last legal settlement of the pauper, at the time the order was made, was not in Cabot. The plaintiffs objected to the first plea, as being a matter which could only be taken advantage of by motion to quash; hut the court decided, that the matter might be pleaded in bar; and…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
This was an appeal from an order of removal of one Mehitable Smith from Sutton to Cabot, made October 22, 1845. Two pleas were interposed by the defendants in the county court, —one of which was the usual plea to the merits, that the pauper’s last place of legal settlement was not in the town of Cabot. This issue was found against the defendants; and, so far as regards the last place of legal settlement, no question is presented for this court to pass upon.
A farther plea, however, was interposed, to the effect, that the pauper had not come to…
2Cited by3 opinions
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- Town of Woodstock v. Town of HartlandSupreme Court of Vermont · 1849
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