Legal Opinion

Town of Sherburne v. Town of Hartland

Supreme Court of Vermont

Decided January 15, 1865PublishedCited by 13 opinions

This was an appeal in behalf of the town of Hartland from an order for the removal of one Ezekiel West, and Louisa, his wife, as paupers, from the town of Sherburne to the said town of Hartland.

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This was an appeal in behalf of the town of Hartland from an order for the removal of one Ezekiel West, and Louisa, his wife, as paupers, from the town of Sherburne to the said town of Hartland. The cause was referred to a referee, and on the hearing on his report at the September Term, 1864, Kellogg, J., presiding, the court, pro forma, decided that the said Ezekiel West and Louisa, his wife, were unduly removed, and rendered judgment in favor of the town of Hartland, the appellant, on said report. To this decision and judgment the town of Sherburne, the appellee, excepted. The facts found…

1Opinion of the CourtAldis, J.

The pauper act of 1801 was in force till 1817. It enacted — “that all and every person coming into and residing within any town in this state, who shall not be warned ” to remove out of town “ within one year after he or she removed into such town, shall be deemed to have a legal settlement in such town.”

Ezekiel West, the pauper in this case, moved into Sharon in 1794, when he was five years old, and resided there till 1808. He was an illegitimate child, — and, when he was five years old, he was removed from his mother in Hartland to live with his uncle in Sharon. At the age of eighteen (in…

2Cases cited3 opinions

  1. Wells v. WesthavenSupreme Court of Vermont · 1833
  2. Inhabitants of Bozrah v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
  3. Overseers of the Poor of Bradford v. Overseers of the Poor of LunenburghSupreme Court of Vermont · 1833

3Cited by13 opinions

  1. Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
  2. In re HookSupreme Court of Vermont · 1922
  3. Commonwealth v. GrahamMassachusetts Supreme Judicial Court · 1892
  4. Cochran v. . CochranNew York Court of Appeals · 1909
  5. Town of Plainville v. Town of MilfordSupreme Court of Connecticut · 1935

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