Town of Castleton v. Town of Weybridge
Supreme Court of Vermont
Appeal from an order of removal of Florence Jones, a pauper, from the town of Castleton to the town of Weybridge. Plea, that the pauper was unduly removed, and trial by the court, September term, 1873, Wheeler, J.,.presiding.
Read the full summary
Appeal from an order of removal of Florence Jones, a pauper, from the town of Castleton to the town of Weybridge. Plea, that the pauper was unduly removed, and trial by the court, September term, 1873, Wheeler, J.,.presiding. On trial it appeared that the pauper had no home anywhere to which she had any right; that she came to Castleton with a present intention of remaining there, and that she did remain there in pursuance of that intention, until removed by the order in this case ; that the pauper was married to one William J. Jones, at Hampton, in the state of New York, on'the 29th day of…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The court has invariably required a full and literal compliance with the statute in the service of warnings under the act of 1797. The town o| towns to be affected by such warning, were not made parties thereto, and could only judge of the sufficiency of the warning and return, from what appeared of record in the town clerk’s office of the town instituting the proceedings. The whole proceeding was in invitum, both as to the persons and towns to be affected thereby. The defeat of the acquirement of a settlement by warning, was a right conferred…
2Cases cited4 opinions
- Marvin v. WilkinsSupreme Court of Vermont · 1826
- Town of Barnet v. Town of ConcordSupreme Court of Vermont · 1832
- Reading v. RockinghamSupreme Court of Vermont · 1827
- Town of Barre v. Town of MorristownSupreme Court of Vermont · 1832