Legal Opinion

Town of Essex v. Town of Jericho

Supreme Court of Vermont

Decided December 2, 1903PublishedCited by 4 opinions

Assumpsit to recover for the support of an alleged pauper. Heard on an agreed statement at the March Term, 1903, Chittenden County, Start, J., presiding. Judgment-pro forma for the plaintiff. The defendant excepted. The opinion states the facts. The alleged pauper had gained a residence in Underhill.

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Assumpsit to recover for the support of an alleged pauper. Heard on an agreed statement at the March Term, 1903, Chittenden County, Start, J., presiding. Judgment-pro forma for the plaintiff. The defendant excepted. The opinion states the facts. The alleged pauper had gained a residence in Underhill. This case differs from Mount Holly v. Peru, 72 Yt. 68, in this, that here the wife left the husband with the declared intention not to return, and with the agreement with him that she should never call upon him for support. The notice is defective in not stating the condition of the alleged…

1Opinion of the CourtTyler, J.

This suit was brought upon the claim that Maggie M. Howe had become poor and in need of assistance in the plaintiff town, which had expended money for her support; that the defendant was the town of her legal residence and therefore liable to the plaintiff for the money so- expended.

1. It is a prerequisite to a right of action by one town against another town to recover for assistance furnished to a *106person under V. S. 3171, that the overseer of the town thus-seeking to recover give notice “of the condition of such person” to the overseer of the poor of the town where the person last resided…

2Cases cited2 opinions

  1. Town of Mount Holly v. Town of PeruSupreme Court of Vermont · 1899
  2. Town of Randolph v. Town of RoxburySupreme Court of Vermont · 1897

3Cited by4 opinions

  1. Town of Waitsfield v. Town of CraftsburySupreme Court of Vermont · 1914
  2. Town of Cabot v. Town of St. JohnsburySupreme Court of Vermont · 1920
  3. Town of Randolph v. MontgomerySupreme Court of Vermont · 1937
  4. Town of Barnet v. Town of PlainfieldSupreme Court of Vermont · 1909

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