Town of Mountholly v. Town of Andover
Supreme Court of Vermont
This was an appeal from an order of removal, by two justices of the peace, of Abigail Warner and her two children, from the town of Mountholly to the town of Andover. The defendants pleaded that the paupers were unduly removed, which issue was joined to the jury. It was admitted that Pierce Warner had had his last legal settlement in the town of Andover.
Read the full summary
This was an appeal from an order of removal, by two justices of the peace, of Abigail Warner and her two children, from the town of Mountholly to the town of Andover. The defendants pleaded that the paupers were unduly removed, which issue was joined to the jury. It was admitted that Pierce Warner had had his last legal settlement in the town of Andover. The plaintiffs offered in evidence the record of a certificate of marriage of the said Abigal with the said Pierce, on the 5th day of June, 1834, by a justice of the peace of Rut-land county, which was read, without objection. It was admitted…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In this case the question of the legality of the marriage of the pauper arises upon the trial of the question of her legal settlement. The case found by the jury is, that the ceremony of marriage was had before the justice, without the consent of the parties. It was a marriage by force and duress. Is such a marriage sufficient to change the settlement of the female ?
Such a marriage has always been held void. Marriage is a contract, and requires the consensus animorum as much as any other contract. It was considered exclusively a civil…
2Cases cited1 opinion
- Inhabitants of Middleborough v. Inhabitants of RochesterMassachusetts Supreme Judicial Court · 1815
3Cited by8 opinions
- In Re Hanrahan's WillSupreme Court of Vermont · 1937
- Wiley v. WileyIndiana Court of Appeals · 1919
- Kuehmsted v. TurnwallSupreme Court of Florida · 1932
- Wiser v. estate Lockwood'sSupreme Court of Vermont · 1870
- Bickford v. BickfordSupreme Court of New Hampshire · 1908
3 more not listed; retrieve them via the Exa API.