Town of Randolph v. Town of Woodstock
Supreme Court of Vermont
Appeal from aá order of removal of one Lydia Billings, a pa'upei, from t^ie town of Randolph to the town of Woodstock. Plea, that the pauper was unduly removed, and trial by jury at the January Term, 1861, Peck, J., presiding. The controversy in the suit was as to the time of the removal of Joel Billings, the father of the husband of the pauper, with his family, from Woodstock to Hartland.
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Appeal from aá order of removal of one Lydia Billings, a pa'upei, from t^ie town of Randolph to the town of Woodstock. Plea, that the pauper was unduly removed, and trial by jury at the January Term, 1861, Peck, J., presiding. The controversy in the suit was as to the time of the removal of Joel Billings, the father of the husband of the pauper, with his family, from Woodstock to Hartland. On the part of Woodstock the evidence tended to show that said Joel Billings thus removed to Hartland in the spring of 1816, and on the part of Randolph that he removed in the fall of the same year. It was…
1Opinion of the Court
Poland, Ch. J.
The deposition of Eliza Billings was pro* perly admitted to be read in evidence.
By allowing the deposition to be read in evidence on the former trial without objection, the defendants waived-their right to object to it, on the ground that the magistrate taking it was an inhabitant and tax payer in Randolph, and therefore disqual* ified to take the deposition.
It must be assumed, that this fact was known to the agent of Woodstock, who attended the taking, and we think that by allowing a deposition to be read once without objection, the party waives all objections to any…
2Cases cited2 opinions
- Walsh v. PierceSupreme Court of Vermont · 1840
- Perry v. WhitneySupreme Court of Vermont · 1858
3Cited by9 opinions
- Estate of DolbeerCalifornia Supreme Court · 1906
- State v. BurpeeSupreme Court of Vermont · 1892
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Murray v. NelsonSupreme Court of Vermont · 1923
- State v. MarshSupreme Court of Vermont · 1898
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