Legal Opinion

Town of Berlin v. Town of Morristown

Supreme Court of Vermont

Decided April 15, 1848Published

Appeal, from an order of removal, in due form, of one William Baker, a pauper, from Berlin to Morristown, made by two justices of the peace, pursuant to the statute.

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Appeal, from an order of removal, in due form, of one William Baker, a pauper, from Berlin to Morristown, made by two justices of the peace, pursuant to the statute. Plea, that the said William Baker, at the time the order of removal was made, was a minor, under the age of twenty one years, and the legitimate son of one Hezekiah Baker, of Hydepark, in the county of Lamoille, who was, bylaw, bound to support the said William Baker during his minority, and was of sufficient ability to do so. To this plea there was a demurrer. The county court, January Adjourned Term, 1847, — Redpield, J.,…

1Opinion of the Court

The opinion of the court was delivered by

Davis, J.

The material facts presented by the plea filed by the defendant town, and which are relied upon as showing that the removal was not authorized by law, are, that the person removed, William Baker, was, at the time of removal, a minor, under the age of twenty one years, and that his father, Hezekiah Baker, residing *577in Hydepark, was legally bound to maintain and support him, and was of ample ability to do so. This plea was demurred to; and the question is, whether these facts afford any legal defence against the order.

The pauper, it seems, had…

2Cases cited4 opinions

  1. Gordon v. PotterSupreme Court of Vermont · 1845
  2. Town of Randolph v. Town of BraintreeSupreme Court of Vermont · 1838
  3. Hartland v. PomfretSupreme Court of Vermont · 1839
  4. Town of Northfield v. Town of RoxburySupreme Court of Vermont · 1843

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