Legal Opinion

Town of Sheldon v. Town of Fairfax

Supreme Court of Vermont

Decided January 15, 1849PublishedCited by 6 opinions

Trespass on the Case for the neglect of the defendants to remove certain paupers from the town of Sheldon, whereby it was alleged, that Sheldon had been obliged to incur expenses for their support. Plea, the general issue, and trial by the court, upon a case stated, April Term, 1848, — Royce, Ch. J., presiding. The facts agreed upon were as follows.

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Trespass on the Case for the neglect of the defendants to remove certain paupers from the town of Sheldon, whereby it was alleged, that Sheldon had been obliged to incur expenses for their support. Plea, the general issue, and trial by the court, upon a case stated, April Term, 1848, — Royce, Ch. J., presiding. The facts agreed upon were as follows. In 1834 the towns of St. Albans, Swanton, Higbgate, Sheldon, Fairfield and Franklin entered into a mutual arrangement for the purpose of supporting their respective paupers; and for that purpose they purchased a farm in Sheldon, to which they…

1Opinion of the Court

•The opinion of the court was delivered by

Hall, J.

The pauper, not having a legal settlement in Fairfax, cannot be removed there by Sheldon; and unless this action can be sustained, the plaintiff town is without remedy, not only for the past support of the paupers, but for their maintenance, so long as they may be in need of relief.

It is well settled at the present day, however the law may have been formerly understood, that corporations incur the same liabilities for their acts as natural persons; and that, where duties are imposed on them by law, or benefits conferred at their request, the…

2Cases cited2 opinions

  1. Rouse v. MooreNew York Supreme Court · 1820
  2. Town of Putney v. Town of DummerstonSupreme Court of Vermont · 1841

3Cited by6 opinions

  1. City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
  2. Cerro Gordo County v. Boone CountySupreme Court of Iowa · 1911
  3. Town School District v. Town School DistrictSupreme Court of Vermont · 1905
  4. Town of Shrewsbury v. BrownSupreme Court of Vermont · 1853
  5. Dennis v. LarkinSupreme Court of Iowa · 1865

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