Legal Opinion

Town of Manchester v. Town of Springfield

Supreme Court of Vermont

Decided February 15, 1843PublishedCited by 1 opinion

This was an appeal from an order of removal, from Manchester to Springfield, of Martha M. Sheldon and her seven minor children, and came on to be tried on issue joined to the defendant’s plea, that the last legal settlement of the said Martha M. and her said seven, children, was mot in.the.towir of Springfield.

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This was an appeal from an order of removal, from Manchester to Springfield, of Martha M. Sheldon and her seven minor children, and came on to be tried on issue joined to the defendant’s plea, that the last legal settlement of the said Martha M. and her said seven, children, was mot in.the.towir of Springfield. On trial of the cause in the county court it appeared,— that, on the 19th day of June, 1828, John Sheldon and the said Martha M., were duly joined in marriage, and that the "said seven minor children, were children of the said John and Martha M. by that marriage ; that the said John…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The marriage of Israel Sheldon with Charlotte Perry, he then having a wife living, was void, and the issue illegitimate. By the principles of the common law, it is well settled, that the place where born is the place of the settlement of a bastard child, in cases free from fraud. It seems Charlotte Perry had, at the time of the pretended marriage with Israel Sheldon, in 1807, a derivative settle*390ment in Springfield ; and she, also, gave birth to John Sheldon in Springfield, while on a visit of some three months with her friends. It is…

2Cases cited2 opinions

  1. Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
  2. Inhabitants of Middleborough v. Inhabitants of RochesterMassachusetts Supreme Judicial Court · 1815

3Cited by1 opinion

  1. Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846

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