Wheelock v. Lyndon
Supreme Court of Vermont
This was an appeal taken by Lyndon, to an order of removal of Robert Miles and family, paupers, from Wbeelocb to Lyndon.
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This was an appeal taken by Lyndon, to an order of removal of Robert Miles and family, paupers, from Wbeelocb to Lyndon. The plaintiff alleged the settlement of the pauper to be in Lyndon and derived through his father, William Miles, who removed from Wheelock to Lyndon, as early as the year 1806. Issue being joined to the jury, Lyndon offered in evidence, from the town clerk’s office, copies of a warning and service thereon, to prove that William Miles was legally warned to depart from Lyndon, agreeably to the act of 1801. The whole case having turned upon the legality of this warning, a…
1Opinion of the Court
The opinion of the court was delivered by
Mattocks, J.
— Two questions were raised in this case by the bill of exceptions, one of which has been abandoned here; and the only point remaining to be decided is, as to the validity of the warning, which was in these words :
“State of Vermont. Caledonia, ss. To Jude Kimball, constable of the town of Lyndon, greeting: These are in the name of the authority of the state of Vermont to require you ■to notify and warn William Miles to remove himself off and out of the town of Lyndon, and also to return this warrant into the town of Lyndon, with your doings…
2Cited by3 opinions
- Dabney v. StevensThe Superior Court of New York City · 1870
- Inhabitants of Hamilton v. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1813
- Dabney v. StevensThe Superior Court of New York City · 1870