Town of Burlington v. Town of Essex
Supreme Court of Vermont
Appeal from an order of removal of certain paupers from Burlington to Essex, made by two justices of the peace. It was stated in the order, that the justices considered, that “ Henry H. Messenger with his wife Susannah H. Messenger and his four children ” had become chargeable to Burlington as paupers, and that his legal settlement was in Essex, and that “ of right he ought to be removed, with his said wife and family,” to Essex; and it was ordered,' “ that the said Henry H.…
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Appeal from an order of removal of certain paupers from Burlington to Essex, made by two justices of the peace. It was stated in the order, that the justices considered, that “ Henry H. Messenger with his wife Susannah H. Messenger and his four children ” had become chargeable to Burlington as paupers, and that his legal settlement was in Essex, and that “ of right he ought to be removed, with his said wife and family,” to Essex; and it was ordered,' “ that the said Henry H. Messenger do remove, with his said wife Susan-nan H. Messenger and their four children and effects,” to Essex by a time…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The case is brought here upon exceptions to the decision of the county court, first, in overruling the motion to quash the proceedings in reference to the family, and second, in sustaining the order of removal upon the merits.
The ground of the motion is, that the members of the family, besides the wife, are not named; and there are many precedents, both in England and this country, for quashing such proceedings as to the family, when it does not appear how the family was constituted. This is said to be for the reason, that the order and…
2Cases cited3 opinions
- Inhabitants of Freetown v. Inhabitants of TauntonMassachusetts Supreme Judicial Court · 1819
- Town of New-Haven v. Town of NewtownSupreme Court of Connecticut · 1837
- Town of Manchester v. Town of SpringfieldSupreme Court of Vermont · 1843
3Cited by10 opinions
- Rich v. FlandersSupreme Court of New Hampshire · 1859
- Town of Landgrove v. Town of PawletSupreme Court of Vermont · 1848
- Town of Derby v. Town of BarreSupreme Court of Vermont · 1865
- Town of Landgrove v. Town of PlymouthSupreme Court of Vermont · 1879
- Town of Danville v. Town of PeachamSupreme Court of Vermont · 1868
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