Legal Opinion

Town of Hardwick v. Town of Pawlet

Supreme Court of Vermont

Decided August 15, 1863PublishedCited by 6 opinions

This was an appeal from an order of removal on one Mary C. Jones. At the June Term, 1862, the defendant moved to quash said order.on the ground that the complaint to the justices alleged that said Mary C. Jones was chargeable to the said town of Hardwick, while the order of removal says she was likely to become chargeable. The court overruled the motion, — to which the defendant excepted.

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This was an appeal from an order of removal on one Mary C. Jones. At the June Term, 1862, the defendant moved to quash said order.on the ground that the complaint to the justices alleged that said Mary C. Jones was chargeable to the said town of Hardwick, while the order of removal says she was likely to become chargeable. The court overruled the motion, — to which the defendant excepted. At the December Term, 1862, the defendant pleaded that the said Mary was unduly removed because her legal settlement was not in the town of Pawlet, and because she was not chargeable or likely to become…

1Opinion of the CourtPeck, J.

(1.) It is insisted on the part of the defendant, that the county court erred in overruling the motion to quash the order. The ground of objection to the order is, that the justices find that the alleged pauper “ is likely to become chargeable,” while the complaint presented to them sets forth that she is chargeable. It is claimed in argument that from this it appears that the justices did not adjudicate upon the cause set forth in the complaint, but upon a different cause. It is not denied but that the justices find sufficient to warrant a removal under the statute, provided the allegation…

2Cases cited2 opinions

  1. Inhabitants of Springfield v. Inhabitants of WilbrahamMassachusetts Supreme Judicial Court · 1808
  2. Inhabitants of Upton v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1818

3Cited by6 opinions

  1. Rowell v. Town of VershireSupreme Court of Vermont · 1890
  2. Fiedler v. PotterTennessee Supreme Court · 1943
  3. Town of Westmore v. Town of SheffieldSupreme Court of Vermont · 1883
  4. Town of Craftsbury v. Town of GreensboroSupreme Court of Vermont · 1894
  5. Town of Topsham v. Town of ChelseaSupreme Court of Vermont · 1887

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