Town of Plymouth v. Town of Mendon
Supreme Court of Vermont
Appeal from an order of removal of Lewis Sawyer and his wife, as paupers, from Plymouth to Mendon, made by two justices of the peace. The order was made October 16, 1849, and directed, that the paupers remove to Mendon on or before the nineteenth of October, 1849, and that, on failure to comply with the order, the paupers should be removed, according to the statute.
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Appeal from an order of removal of Lewis Sawyer and his wife, as paupers, from Plymouth to Mendon, made by two justices of the peace. The order was made October 16, 1849, and directed, that the paupers remove to Mendon on or before the nineteenth of October, 1849, and that, on failure to comply with the order, the paupers should be removed, according to the statute. The warrant was issued and bore date October 16, 1849; and the return of the constable upon it showed, that, by virtue thereof, he removed the paupers to Mendon, October 17, 1849, and lodged them, together with their effects, with…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The statute requires, that the justices, who make an order of removal, shall specify a time, within which the pauper shall remove himself to his place of settlement, and, upon his failing to comply with such order, the justices may, by warrant directed to a constable to be executed, cause the pauper to be removed.
Under this provision of the statute, it is insisted, that the pauper could not be legally removed, though it be by his own consent, until after the expiration of the time specified by the justices for the pauper to remove himself;…
2Cases cited1 opinion
- Town of Barnet v. Town of ConcordSupreme Court of Vermont · 1832