Thompson v. Downing
Supreme Court of Vermont
Trustee PROCESS. Trial by the court, December Term, 1874, Powers, J., presiding. Previous to February 20,1874, the defendant, who resided in Washington, had boarded a pauper belonging to that town, at the request of the overseer of the poor, for which the town owed him f59 05. At that time the defendant was owing the claimant that amount or more.
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Trustee PROCESS. Trial by the court, December Term, 1874, Powers, J., presiding. Previous to February 20,1874, the defendant, who resided in Washington, had boarded a pauper belonging to that town, at the request of the overseer of the poor, for which the town owed him f59 05. At that time the defendant was owing the claimant that amount or more. The defendant desired and proposed to the claimant to let the claimant have his claim against the town towards what he was owing him. On the said 20th of .February, one Watson, the overseer of the poor of said town, was at defendant’s house for the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The only question presented is, whether the notice given by the claimant to the overseer of the poor of the town of *648Washington, will prevail as against the attachment of the plaintiff. Overseers of the poor have no general authority to draw orders upon the treasurer, and thus bind the town for their payment. Their duties are defined; and no authority is conferred upon them to draw orders except in cases provided for in s. 33, c. 20, of the Gen. Sts. It is provided by that section that the accounts of overseers shall, within fifteen days after…
2Cases cited1 opinion
- Thayer v. LymanSupreme Court of Vermont · 1863