Town of Pawlet v. Town of Sandgate
Supreme Court of Vermont
Assumpsit, founded upon section six of chapter sixteen of the Revised Statutes.* The plaintiffs alleged, in their declaration, that one Elizabeth Draper, on the 24th day of November, 1841, whose legal settlement was in Sandgate, came to reside in Pawlet, and was taken dangerously sick there, so that she could not be removed; that an order of removal was made by two justices of the peace, pursuant to the statute, ordering the pauper to remove to Sandgate by the 26th day of…
Read the full summary
Assumpsit, founded upon section six of chapter sixteen of the Revised Statutes.* The plaintiffs alleged, in their declaration, that one Elizabeth Draper, on the 24th day of November, 1841, whose legal settlement was in Sandgate, came to reside in Pawlet, and was taken dangerously sick there, so that she could not be removed; that an order of removal was made by two justices of the peace, pursuant to the statute, ordering the pauper to remove to Sandgate by the 26th day of November, 1841, — of which notice was duly given to Sandgate; that an appeal was taken by Sandgate from this order, and…
1Opinion of the Court
*629The opinion of the court was delivered by
Bennett, J.
The fiYst question in this case relates to the form of action. The defendants claim, that it should have been a special action on the case, upon the statute, and that assumpsit cannot be sustained. The sixth section of the statute relating to the support and removal of paupers, upon which this action is based, does not prescribe the form of action. It simply declares, that the town making the disbursements may recover for them, by an action brought in the name of such town against the delinquent town.
The general rule is, that, for money…
2Cases cited4 opinions
- Danville v. PutneySupreme Court of Vermont · 1834
- Town of Brookline v. Town of WestminsterSupreme Court of Vermont · 1832
- Town of Londonderry v. Town of WindhamSupreme Court of Vermont · 1829
- Town of Essex v. Town of MiltonSupreme Court of Vermont · 1830
3Cited by5 opinions
- County of San Luis Obispo v. GageCalifornia Supreme Court · 1903
- Wheeler v. WilsonSupreme Court of Vermont · 1884
- Edson v. Town of PawletSupreme Court of Vermont · 1850
- Hillsborough County v. LondonderrySupreme Court of New Hampshire · 1862
- Archdeacon v. Cincinnati Gas & Electric Co.Ohio Superior Court, Cincinnati · 1907