Town of Mount Holly v. Town of Peru
Supreme Court of Vermont
Assumpsit to recover money expended in the support of a pauper. Plea, general issue. Trial by jury, Rutland County, March Term, 1899, Watson, J., presiding. Yerdict for plaintiff. Judgment on verdict. Defendant excepted.
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Assumpsit to recover money expended in the support of a pauper. Plea, general issue. Trial by jury, Rutland County, March Term, 1899, Watson, J., presiding. Yerdict for plaintiff. Judgment on verdict. Defendant excepted. The evidence of the plaintiff tended to show that in June, 1897, one Mary Lyons became sick and in need of assistance while living in the Town of Mount Holly, that she applied to the overseer of said town for assistance, and that necessary assistance was furnished her; and that she was the wife of one Aaron Lyons, then living in, and partly supported by, the Town of Peru.…
1Opinion of the Court
Munson J.
The notice was sufficient and properly admitted. It was not necessary to describe the person assisted as the wife of Aaron Lyons. Her designation as Mary Lyons sufficiently answered the purpose of the notice. A town furnishing assistance can put itself in a position to recover without indicating the precise grounds of its claim. It is for the town receiving the notice to inquire as to any matters that may relieve it from liability. Nor was it necessary to mention Mrs. Lyon’s sickness in giving notice of her condition. The requirement relates to the condition which is the basis of…
2Cases cited1 opinion
- Town of Tunbridge v. Town of NorwichSupreme Court of Vermont · 1845
3Cited by7 opinions
- Town of Waitsfield v. Town of CraftsburySupreme Court of Vermont · 1914
- In Re Settlement of BaalsonSupreme Court of Minnesota · 1941
- Town of Cabot v. Town of St. JohnsburySupreme Court of Vermont · 1920
- Town of Randolph v. MontgomerySupreme Court of Vermont · 1937
- Town of Essex v. Town of JerichoSupreme Court of Vermont · 1903
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