Legal Opinion

Town of Pittsford v. Town of Chittenden

Supreme Court of Vermont

Decided January 15, 1886PublishedCited by 7 opinions

Appeal from an order of removal of a pauper. Heard on an agreed statement, September Term, 1885, Yeazey, J., presiding. Judgment that the pauper was duly removed. The pauper’s child, Warner, was removed from' the plaintiff town to the defendant town. The record of the removal of the child is not conclusive.

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Appeal from an order of removal of a pauper. Heard on an agreed statement, September Term, 1885, Yeazey, J., presiding. Judgment that the pauper was duly removed. The pauper’s child, Warner, was removed from' the plaintiff town to the defendant town. The record of the removal of the child is not conclusive. To be so, it must appear (1) that it is the same subject matter; (2) that it is between the same parties; (3) that the fact relied upon was put distinctly in issue in the former case and found by the triers; (4) that this appears from the record. Gray v. Pingry, 17 Yt. 425. “If from the…

1Opinion of the Court

The opinion of the court was delivered by

Walker, J.

The agreed statement of facts upon which the case was tried, states that' the pauper, whose maiden name was Bridget Keough, was married August 29, 1857, to Seymour Jackson, who deserted her, and moved to Calif or*52nia in 1860, where he has since remained so far as known; that in 1864 a child was born to said pauper, Bridget, known as Warner Jackson, or Warner Green, who was removed to the town of Chittenden, as a pauper, on an order of removal made in 1872, when said child was about eight years old.

The words “deserted her,” as used in the…

2Cases cited1 opinion

  1. Town of Poultney v. Town of SandgateSupreme Court of Vermont · 1862

3Cited by7 opinions

  1. United States v. MoserSupreme Court of the United States · 1924
  2. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  3. In re LentzAppellate Division of the Supreme Court of the State of New York · 1935
  4. State ex rel. Atkinson v. McDonaldWisconsin Supreme Court · 1900
  5. State v. ShawSupreme Court of Vermont · 1915

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