Town of Danville v. Town of Peacham
Supreme Court of Vermont
Motion to quash an order of removal. Tried at the June term, 1868, Steele, J., presiding. Judgment, that the proceedings be quashed. Exceptions by the plaintiffs.
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Motion to quash an order of removal. Tried at the June term, 1868, Steele, J., presiding. Judgment, that the proceedings be quashed. Exceptions by the plaintiffs. The order of removal is as follows: “ To any constable of Danville in said county, and, for want of such constable immediately to execute this precept, to any sheriff in the state, GREETING-: “ Whereas, at a court of examination held at Danville in the county of Caledonia, on the 20th day of February, 1868, before Andrew McMillan and Wm. H. Preston, two of the justices of the peace within and for the county aforesaid, on the…
1Opinion of the Court
The opinion of the conrt was delivered by
Rece, J.
The motion to quash is based on an alleged defect apparent of record upon the face of the order. The motion alleges that the order embraces two persons, Wealthy Goodall and Ivory EL Goodall, Jr., and assumes that they are not of the same family, but stand in different relations to the respective towns. The effect of this motion must be determined by reference to the order. The order recites that it was made upon a complaint against Wealthy Goodall, former wife of Samuel Shepherd, late of Peacham, deceased, and Ivory H. Goodall, Jr., child of…
2Cases cited2 opinions
- Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846
- Town of Derby v. Town of BarreSupreme Court of Vermont · 1865
3Cited by1 opinion
- Town of Landgrove v. Town of PlymouthSupreme Court of Vermont · 1879