Town of Newport v. Town of Derby
Supreme Court of Vermont
Appeal from an order of removal of a pauper, from Newport to Derby, made by two justices of the peace, pursuant to the statute. The facts were agreed to be as follows. The pauper, John Knox, at the time the order was made, was fourteen years of age, and an illegitimate child. He came to Newport with his mother, some years previously, from the state of Maine, and neither he nor his mother had any settlement in this state previous to that time.
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Appeal from an order of removal of a pauper, from Newport to Derby, made by two justices of the peace, pursuant to the statute. The facts were agreed to be as follows. The pauper, John Knox, at the time the order was made, was fourteen years of age, and an illegitimate child. He came to Newport with his mother, some years previously, from the state of Maine, and neither he nor his mother had any settlement in this state previous to that time. The mother married one Luther Agen, who had a settlement at the time in Derby and has ever since retained it. The pauper resided in Newport from the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in the present case is, whether an illegitimate child, under the Revised Statutes, takes the settlement of the mother, derived from her husband, after the birth of such child. This point was expressly decided by this court in Burlington v. Essex, 19 Vt. 91, so far as the statute of 1817 is concerned. That statute was precisely like the present, so far as this point is concerned, with the change of a single word, which, we think, is not important. In the statute of 1817 the expression is, “ shall have the settlement of the…
2Cases cited2 opinions
- Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846
- Overseers of the Poor of Canajoharie v. Overseers of the Poor of JohnstownNew York Supreme Court · 1819