Town of Stowe v. Town of Brookfield
Supreme Court of Vermont
This was an appeal from an order of removal of one Barney Smalley, with his wife and family from said Stowe, to said Brook-field, made hy two justices of Stowe, on the 11th day of March, A. D. 1853. Plea, that the paupers were unduly removed, because their last settlement was not in said Brookfield, and trial by the court.
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This was an appeal from an order of removal of one Barney Smalley, with his wife and family from said Stowe, to said Brook-field, made hy two justices of Stowe, on the 11th day of March, A. D. 1853. Plea, that the paupers were unduly removed, because their last settlement was not in said Brookfield, and trial by the court. It appeared on trial, that the paupers sometime in 1842, then having a settlement in the town of Brookfield aforesaid, moved from said Brookfield, into the said town of Stowe and there resided for more than seven years continuously, without becoming chargeable to either of…
1Opinion of the Court
The opinion of the court was delivered by
Bedeield, Ch. J.
It has always been considered that an order of removal notified to the town, to which the order is made, within thirty days, according to the statute, conclusively fixed the settlement of the pauper, unless appealed from. It is the same as any other judgment, as to its conclusiveness ; and in addition to the force of other judgments inter partes, it has the effect of a judgment in rem, as to the settlement of the pauper, as to other towns, in the state. And as to the parties certainly, it w'ould not be competent to defeat its effect, by…
2Cases cited5 opinions
- Town of Braintree v. Town of WestfordSupreme Court of Vermont · 1844
- Overseers of Dorset v. Overseers of ManchesterSupreme Court of Vermont · 1830
- Town of Dorset v. Town of RutlandSupreme Court of Vermont · 1844
- Town of Landgrove v. Town of PawletSupreme Court of Vermont · 1846
- Town of Rupert v. Town of SandgateSupreme Court of Vermont · 1838
3Cited by2 opinions
- Town of Cabot v. Town of WashingtonSupreme Court of Vermont · 1868
- Town of Poultney v. Town of SandgateSupreme Court of Vermont · 1862