Legal Opinion

Town of Barnet v. Town of Concord

Supreme Court of Vermont

Decided March 15, 1832PublishedCited by 5 opinions

This was an appeal taken by the overseers of Concord from an Order of removal oí Abigail Emerson, Sally Emerson, Eludiera Emerson, and Darius Emerson, town paupers, made by two justices of the peace in and for said county of Caledonia.

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This was an appeal taken by the overseers of Concord from an Order of removal oí Abigail Emerson, Sally Emerson, Eludiera Emerson, and Darius Emerson, town paupers, made by two justices of the peace in and for said county of Caledonia. The appellants filed a motion to quash the proceedings of the justices, and alleged several causes; to wit: 1st. Because the justices making said order of removal did not examine the said paupers touching their ability and last place of legal settlement, nor for any other purpose. 2d. Because the said justices had not alleged in their-order of removal that they…

1Opinion of the Court

Williams, J.,

delivered the opinion of the Court. — In this case it appears there was a motion to quash the proceedings, which was overruled ; that an issue was joined, which was tried by the court. On the trial it appeared in evidence that John S, Emerson, who was the husband of Abigail Emerson, one of the paupers removed, and father of the others, removed into the town of Concord when the act was in force in relation to warning out persons to prevent their gaining a settlement, resided there over a year, and thereby gained a settlement for himself and family in Concord. In 1813 he removed to…

2Cases cited1 opinion

  1. Reading v. RockinghamSupreme Court of Vermont · 1827

3Cited by5 opinions

  1. Town of Braintree v. Town of WestfordSupreme Court of Vermont · 1844
  2. Overseers of the Poor v. Overseers of the PoorSupreme Court of Vermont · 1834
  3. Town of Castleton v. Town of WeybridgeSupreme Court of Vermont · 1874
  4. Town of Plymouth v. Town of MendonSupreme Court of Vermont · 1851
  5. Town of St. Johnsbury v. Town of MorristownSupreme Court of Vermont · 1878

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