Overseers of the Poor of Newbury v. Overseers of the Poor of Brunswick
Supreme Court of Vermont
This was an appeal from the order of Ephraim B. Stevens and Charles Bale, Esquires, Justices of the peace for the County of Orange, made upon the complaint of the Overseers of the Poor of the town of Newbury, for the removal of “ Nathaniel P. Harriman, his family and effects,” from said Newbury to said Brunswick.
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This was an appeal from the order of Ephraim B. Stevens and Charles Bale, Esquires, Justices of the peace for the County of Orange, made upon the complaint of the Overseers of the Poor of the town of Newbury, for the removal of “ Nathaniel P. Harriman, his family and effects,” from said Newbury to said Brunswick. This cause was entered in the County Court, June term, 1827, at which term the appellants filed a motion to quash the order and proceedings of said Justices, for generality with regard to the ward family : and the County Court decided that said proceedings be quashed as to the…
1Opinion of the Court
*158The opinion of the Court was delivered by
Paddock, J.
As it respects the decision of the County Court in quashing so much of the proceedings in this case as relates to the family of Nathaniel P. Ilarriman, the pauper, the Court were correct. The family ought not to have been named, either in the complaint of the overseers, in the warrant to bring Harris man before the Justices, or in the order of removal; and if they were, it was surplusage, and it was well to have it expunged from thei'ecord. But it will be seen, by looking at the 3d section of the statute upon which this prosecudon is…
2Cases cited1 opinion
- Fenton v. ReedNew York Supreme Court · 1809
3Cited by22 opinions
- Baker v. StateSupreme Court of Vermont · 1999
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Morrill v. PalmerSupreme Court of Vermont · 1895
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