Town of Derby v. Town of Barre
Supreme Court of Vermont
Tnxs was an appeal from an order of removal. The defendant filed a motion to quash the order. The plaintiff moved for leave to have tlie officer amend his return on the order, but the court refused to grant leave on the ground that the same could not be legally amended, — to which refusal tlie plaintiff excepted. The court, at the Orleans county, June Term, 1865, Poland, Ch. J , presiding,' pro forma, sustained the motion to quash.
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Tnxs was an appeal from an order of removal. The defendant filed a motion to quash the order. The plaintiff moved for leave to have tlie officer amend his return on the order, but the court refused to grant leave on the ground that the same could not be legally amended, — to which refusal tlie plaintiff excepted. The court, at the Orleans county, June Term, 1865, Poland, Ch. J , presiding,' pro forma, sustained the motion to quash. To this decision the plaintiff excepted. maintained that it is not necessary that it should appear from the record that, the daughter was under tlie age of…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The questions in this case arise upon a motion to quash the order of removal. The county court pro forma quashed the order.
One ground relied on by the counsel for the defendant is an alleged defect in the order. This cause as alleged in the motion is, that “ the order is for the removal of two persons who, in so far as appears, when said order was made, had severally attained the age of majority, and were neither of them the husband or wife of the other, and therefore cannot be joined in the same order of removal.” The argument of the…
2Cases cited1 opinion
- Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846
3Cited by2 opinions
- Town of Landgrove v. Town of PlymouthSupreme Court of Vermont · 1879
- Town of Danville v. Town of PeachamSupreme Court of Vermont · 1868