Town of Dorset v. Town of Rutland
Supreme Court of Vermont
Appeal from an order of removal. The order was made on the 12th day of September, 1842. On the 26th of September, 1842, the officer, having the warrant in his hands to execute, returned that the pauper was sick and unable to be moved, and that he had left in the hands of the overseer of the poor of the town of Rutland a “true and attested copy of the original complaint and warrant of removal,” with his return thereon endorsed.
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Appeal from an order of removal. The order was made on the 12th day of September, 1842. On the 26th of September, 1842, the officer, having the warrant in his hands to execute, returned that the pauper was sick and unable to be moved, and that he had left in the hands of the overseer of the poor of the town of Rutland a “true and attested copy of the original complaint and warrant of removal,” with his return thereon endorsed. On the first day of February, 1843, a new warrant was issued on the same order, by virtue of which the pauper was, on the eighth day of February, 1843, removed to…
1Opinion of the Court
The opinion of the court was delivered by
Hebam), J.
Two principal questions arise in this case: 1. Was it necessary for Rutland to take an appeal from the order of removal 1 2. If it was necessary, then was the appeal taken in season ?
The statutory provision is, that, “ when any order of removal is made, a true and attested copy of such order shall be left with the overseer of the town to which such pauper is ordered to be removed, within thirty days after the making of the order, unless such pauper is removed in that time.” In relation to the appeal, it is provided that, “ if the overseer…
2Cases cited1 opinion
- Overseers of the Poor of Bradford v. Overseers of the Poor of CorinthSupreme Court of Vermont · 1826
3Cited by3 opinions
- Town of Stowe v. Town of BrookfieldSupreme Court of Vermont · 1854
- Town of Chester v. Town of WheelockSupreme Court of Vermont · 1856
- Town of Westminster v. Town of WarrenSupreme Court of Vermont · 1883