Legal Opinion

Town of Whitingham v. Town of Wardsboro

Supreme Court of Vermont

Decided February 15, 1874Published

Appeal from an order of removal of Joseph Converse and family, paupers, from the town of Whitingham to the town of Wardsboro. Plea, that the last legal settlement of the said Joseph was not in the town of Wardsboro. Trial by the court, April term, 1873, Barrett, J., presiding.

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Appeal from an order of removal of Joseph Converse and family, paupers, from the town of Whitingham to the town of Wardsboro. Plea, that the last legal settlement of the said Joseph was not in the town of Wardsboro. Trial by the court, April term, 1873, Barrett, J., presiding. The court found the following facts : On the 30th of September, 1862, at Dover, in said county of Windham, a court of inquiry and examination was held before two justices of the peace, upon the complaint of the then overseer of the poor of Dover, who complained in substance, that said Joseph Converse had come to reside…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The sufficiency of service of the order of removal, is the only question reserved in the exceptions. What purports to be the return on the order of removal, is signed by “ D. W. Yeaw, deputy sheriff,” and states that he “ served the order and citation on Josiah Higgins, the overseer of the poor of Wardsboro, by leaving a true and attested copy of the same at his house, in the hands of Wales Willard, he being a person of suitable discretion with whom to leave the same.” It does not appear that the copy was left at Higgins’s “ last and usual…

2Cases cited2 opinions

  1. Bishop v. Readsboro Chair Manufacturing Co.Supreme Court of Vermont · 1911
  2. Reading v. RockinghamSupreme Court of Vermont · 1827

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