Town of Sharon v. Town of Strafford
Supreme Court of Vermont
This was an appeal from an order of removal of a pauper from Sharon to Strafford. The latter town filed a plea in abatement on the ground that the copy of the order given to the officer to serve on the overseer of the latter town, had no certificate of the justices upon it, other than their signature to the order, that is, to the copy of the order, and that the copy left with the overseer of Strafford contained no copy of any such certificate.
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This was an appeal from an order of removal of a pauper from Sharon to Strafford. The latter town filed a plea in abatement on the ground that the copy of the order given to the officer to serve on the overseer of the latter town, had no certificate of the justices upon it, other than their signature to the order, that is, to the copy of the order, and that the copy left with the overseer of Strafford contained no copy of any such certificate. Whereupon the town of Sharon filed a motion for leave to amend. The court at the December Term, 1863, Barrett, J., presiding, pro forma overruled the…
1Opinion of the CourtPeck, J.
The notice to the town of Strafford of the order of removal, was given by a service made by an officer under the provision of the statute authorizing service as a writ of summons is by law required to be served. It appears that the copy of the order which was given to the officer to serve had no certificate of the justices upon it, other than their signature to the order, that is, to the copy of the order, and that the copy left with the overseer of Strafford contained no copy of any such certificate. The officer regularly served such paper as the justices furnished him. The plea in abatement…
2Cited by1 opinion
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