Town of Burlington v. Town of Calais
Supreme Court of Vermont
This was an action bf Assumpsit,brought to receiver the expen* 6itures of the plaintiffs in support of one Salmon Davis, under the eleventh section of the settlement act. Two questions wereprin* cipally agitated on trial, 1st. Whether Calais was the place of Davis' last legal settlement ?■ and 2dly.
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This was an action bf Assumpsit,brought to receiver the expen* 6itures of the plaintiffs in support of one Salmon Davis, under the eleventh section of the settlement act. Two questions wereprin* cipally agitated on trial, 1st. Whether Calais was the place of Davis' last legal settlement ?■ and 2dly. Whether proper testimo* Hy was adduced by the plaintiffs, to prove notice of their expen* ditures, before, the commencement of the action, The plaintiffs contended that Davis tyas legally settled in Calais by his resi* dence there while the statute of 1787 was in force : and if not then, that he…
1Opinion of the CourtHutchinson, J.
The points now in dispute are reduced to a narrow compass. Supposing the plaintiffs to have a just claim upon the defendants for the support of Davis, the pauper, while confined in the common jail, in Burlington, have they shown a proper notice of their claim before the commencement of this action ? About this there is no dispute, if the testimony offered by, the plaintiffs to that point was legally admissible. It seems that a letter was sent by the mail to the overseers of the poor of Calais, containing the proper notice of the expenditures, and requesting payment. And, to prove that this…
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