Town of Westminster v. Town of Warren
Supreme Court of Vermont
Appeal from an order of removal of one F. R. Buxton, a pauper, his family and effects. Heard on motion to dismiss the appeal, March Term, 1882, Rowell, J., presiding. Motion sustained.
Read the full summary
Appeal from an order of removal of one F. R. Buxton, a pauper, his family and effects. Heard on motion to dismiss the appeal, March Term, 1882, Rowell, J., presiding. Motion sustained. The motion claimed the appeal should be dismissed; because the defendant had not filed in the County Court any certified copy of the order of removal, made October 16, 1880, recited in the copy of warrant of removal filed in court; because the warrant of removal, reciting the order of removal, was served on the defendant October 25, 1880, and it did not take an appeal “ to the then next stated term of this…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The statute, R. L. s. 2840, gives to a town aggrieved by “ an' order or warrant of removal ” of a pauper the right to appeal therefrom. It is held in Dorset v. Rutland, 16 Vt. 419, that where the order of removal is not served agreeably to the statute, but instead thereof the warrant, reciting the order, is served by a copy, the return stating that the pauper was unable to be removed, the town on which the service is so made is not bound to regard it, such service being wholly unauthorized by the statute, but where, after the time had expired…
2Cases cited1 opinion
- Town of Dorset v. Town of RutlandSupreme Court of Vermont · 1844