Legal Opinion

Town of Danville v. Town of Wheelock

Supreme Court of Vermont

Decided August 15, 1874PublishedCited by 3 opinions

Appeal from an order of removal of Israel P. Magoon and family from the town of Danville to the town of Wheelock, made on the 20th of March, 1873, for that said Magoon was likely to become chargeable to said Danville. Pleas, that said Magoon was not likely to become so chargeable, and that his last legal settlement was not in the town of Wheelock. Trial by jury, December term, 1873, Ross, J., presiding, and verdict for the plaintiff.

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Appeal from an order of removal of Israel P. Magoon and family from the town of Danville to the town of Wheelock, made on the 20th of March, 1873, for that said Magoon was likely to become chargeable to said Danville. Pleas, that said Magoon was not likely to become so chargeable, and that his last legal settlement was not in the town of Wheelock. Trial by jury, December term, 1873, Ross, J., presiding, and verdict for the plaintiff. The jury found by special verdict that said Magoon’s settlement was, at the time said order was made, in said Wheelock, and that he was likely to become…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This was an appeal from an order of removal of “ Israel P. Magoon and family,” as likely to become chargeable to the plaintiff town. The order was made March 20, 1873, and the issue is as to the status of Magoon and family at that time. In the spring of 1871, Magoon and wife, by mutual agreement, separated — she, with the youngest boy, living with her father, and supporting herself and child by her work, and the husband and elder boy gained subsistence by peddling. The wife continued to aid the husband by mending his clothes and baking his…

2Cases cited3 opinions

  1. Hartland v. PomfretSupreme Court of Vermont · 1839
  2. Town of Northfield v. Town of RoxburySupreme Court of Vermont · 1843
  3. Town of Rupert v. Town of WinhallSupreme Court of Vermont · 1857

3Cited by3 opinions

  1. Town of Cabot v. Town of St. JohnsburySupreme Court of Vermont · 1920
  2. Town of Craftsbury v. Town of GreensboroSupreme Court of Vermont · 1894
  3. Lucht v. BellSupreme Court of Minnesota · 1943

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