Legal Opinion

Town of Andover v. Town of Mount Holly

Supreme Court of Vermont

Decided February 15, 1886Published

Appeal by the town of Mount Holly from an order of removal of one Adelbert Taft from the town of Andover to the town of Mount Holly. Heard on demurrer to the defendant’s plea, December Term, 1885, Taft, J., presiding. Demurrer sustained.

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Appeal by the town of Mount Holly from an order of removal of one Adelbert Taft from the town of Andover to the town of Mount Holly. Heard on demurrer to the defendant’s plea, December Term, 1885, Taft, J., presiding. Demurrer sustained. Plea: “And defends, etc., and says that the said Taft was unduly removed from said town of Andover to said town of Mount Holly, because he says, that the legal settlement of the said Taft was not at the time of said order of removal, and is not now, in the said town of Mount Holly, and that said Taft ha,s not, and is not liable to become chargeable to said…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

This is an appeal from an order of removal of a pauper. The order sets forth the substantive facts upon the finding of which it is based, viz.: That the pauper “has come to reside in” and “is chargeable to said town of Andover,” and that he “ has his legal settlement in said town of Mount Holly.” The concurrence of these facts is necessary to support the order of removal. R. L. ss. 2833, 2834. The failure to sustain the finding of either of said facts by the justices, on appeal, would result in the quashing of the order. The order of…

2Cases cited2 opinions

  1. Overseers of the Poor of Corinth v. Overseers of the Poor of BradfordSupreme Court of Vermont · 1827
  2. Luce v. HoisingtonSupreme Court of Vermont · 1883

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