Town of Barnet v. Ray
Supreme Court of Vermont
Case. The declaration contained three counts. The first alleged that the defendants unlawfully brought Robert Cunningham and Agnes Cunningham, his wife, two poor and indigent persons, from Peacham into Barnet without an order for their removal, and with the intent to charge the town of Barnet with their support, contrary to the statute, and that thereby the defendants had forfeited and become liable to pay the plaintiffs a sum not exceeding five hundred dollars.
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Case. The declaration contained three counts. The first alleged that the defendants unlawfully brought Robert Cunningham and Agnes Cunningham, his wife, two poor and indigent persons, from Peacham into Barnet without an order for their removal, and with the intent to charge the town of Barnet with their support, contrary to the statute, and that thereby the defendants had forfeited and become liable to pay the plaintiffs a sum not exceeding five hundred dollars. The second count set forth the bringing of the same paupers from Peacham into Barnet with a similar purpose, and alleged that by…
1Opinion of the CourtPierpoint, J.
In this case both parties took exceptions to the charge of the court.
The plaintiff insists that the. county court erred in instructing the jury that they must be satisfied of the guilt of the- defendants *209beyond a reasonable doubt, (as in criminal cases,) to justify them in finding a verdict in favor of the plaintiff.
In determining this matter, it becomes necessary to inquire into the nature of the statute, upon which this action is based, in respect to its being a penal statute, or a remedial statute. The rule has long been settled in this State, that in actions brought upon penal statutes,…
2Cases cited1 opinion
- Town of Calais v. HallSupreme Court of Vermont · 1839
3Cited by3 opinions
- Town of Leicester v. Town of BrandonSupreme Court of Vermont · 1892
- Town of St. Johnsbury v. GoodenoughSupreme Court of Vermont · 1871
- Sheldon Poor House Ass'n v. Town of SheldonSupreme Court of Vermont · 1900