Overseers of the Poor of Waterford v. Overseers of the Poor of Brookfield
Supreme Court of Vermont
By the exceptions taken at the jury trial in this cause, in the county court, and allowed by the judges,it appears that one Obadiah Rice, Jun. said to be a stranger in Waterford, was sent by virtue of an order of removal to Brookfield — the order alleging that to he the place of his last legal settlement.
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By the exceptions taken at the jury trial in this cause, in the county court, and allowed by the judges,it appears that one Obadiah Rice, Jun. said to be a stranger in Waterford, was sent by virtue of an order of removal to Brookfield — the order alleging that to he the place of his last legal settlement. From this order an appeal was taken to the county court, and duly entered in said court; and there the overseers of the poor of Brookfield filed a motion to quash said proceedings, assigning several reasons : 1 st. That the justices making said order of removal did not ex» amine said pauper…
1Opinion of the Court
The opinion of the Court was delivered by
Hutchinson, J.
The motion to quash in this case assigns several reasons, supposing them apparent upon the record. The three first of these may be considered together. They are that the magistrates did not have the pauper before them and examine him, but adjudged him non compos mentis without examining him. On inspection of the record it appears that the pauper was not examined before the magistrates, and they assign as a reason for it that he was non compos mentis. If this reason existed in point of fact it was valid, and the record for this purpose…
2Cited by4 opinions
- State v. WardSupreme Court of Vermont · 1887
- Town of Landgrove v. Town of PlymouthSupreme Court of Vermont · 1879
- Town of New-Haven v. City of VergennesSupreme Court of Vermont · 1830
- Overseers of the Poor v. Overseers of the PoorSupreme Court of Vermont · 1837