Town of Jamaica v. Town of Townshend
Supreme Court of Vermont
Appeal from an order of removal of Russell Clayton, a pauper, from Jamaica to Townshend, made by two justices of the peace in pursuance of the statute. Plea, that Townshend was not the place of the last legal settlement of the pauper, and trial by jury, April Term, 1846, — Williams, Ch. J., presiding.
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Appeal from an order of removal of Russell Clayton, a pauper, from Jamaica to Townshend, made by two justices of the peace in pursuance of the statute. Plea, that Townshend was not the place of the last legal settlement of the pauper, and trial by jury, April Term, 1846, — Williams, Ch. J., presiding. On trial no question was made, but that the settlement of the pauper was in Townshend, unless he gained a settlement in Jamaica, by residence, between January 14, 1832, and March 9, 1840; and it was not denied, that he did gain such settlement in Jamaica, unless his residence there was legally…
1Opinion of the Court
*270The opinion of the court was delivered by
Rebfield, J.
No doubt the question of residence, of domicil, is very much controlled by the status of the mind of the dweller, or inhabitant. But domicil is not a thing resting wholly in intention. If it were so, most Americans would be without any fixed domicil. Many of us have, perhaps, high hopes of a happier home, and comfort and plenty in some far off region, where all the necessaries of life grow spontaneously, almost, and where neither idleness, vice or dissipation, will cheat us of comfort and plenty. But all this effects no present change of…
2Cases cited1 opinion
- Middlebury v. WalthamSupreme Court of Vermont · 1834
3Cited by15 opinions
- Town of Georgia v. Town of WatervilleSupreme Court of Vermont · 1935
- Town of Cabot v. Town of St. JohnsburySupreme Court of Vermont · 1920
- Town of Berlin v. Town of WorcesterSupreme Court of Vermont · 1877
- Smith v. StannardSupreme Court of Vermont · 1908
- Town of Barton v. Town of IrasburghSupreme Court of Vermont · 1860
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