Dupy v. Wickwire
Supreme Court of Vermont
THIS was an action of debt for three hundred dollars, brought on the eleventh section of the act providing for the support of the poor, in which the plaintiff, who sues, as well in his own behalf, as in behalf of the town of Readsborough, declares, that the defendant did,.on the i~tli day of June, 1810, transport into the town of Readsborongh, one Jacob Morse, a poor person, not having a legal settlement in said town, with an intent to make the said town of ~Readsborough,…
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THIS was an action of debt for three hundred dollars, brought on the eleventh section of the act providing for the support of the poor, in which the plaintiff, who sues, as well in his own behalf, as in behalf of the town of Readsborough, declares, that the defendant did,.on the i~tli day of June, 1810, transport into the town of Readsborongh, one Jacob Morse, a poor person, not having a legal settlement in said town, with an intent to make the said town of ~Readsborough, chargeable with the maintenance of the said Jacob Morse. on trial, offered the deposition of Jacob Morse, the pauper. In…
1Opinion of the Court
By the Court.
If the plaintiff be entitled to read the deposition in this case, he is not entitled to read it by virtue of the act of the legislature. The act is most clearly unconstitutional and void. It is an attempt of the legislature to make a judicial decision in a particular case ; but the constitution of this State, prohibits the legislature from.the exercise of any judicial powers. The act is also retrospective in its operation, is rather in the nature of a legislative sentence, order or decree, than of a law. Besides, if the deposition was not legally taken in this case, it is a mere…
2Cited by4 opinions
- Beall v. BeallSupreme Court of Georgia · 1850
- Granai v. Witters, Longmoore, Akley & BrownSupreme Court of Vermont · 1963
- Langdon v. StrongSupreme Court of Vermont · 1829
- Stephens v. JoyalSupreme Court of Vermont · 1873