Town of Huntington v. Town of Charlotte
Supreme Court of Vermont
Appeal from an order of removal of Philander Sheldon from Huntington to Charlotte. The case was submitted to the county court upon the following statement, agreed upon by the parties, to wit:— The plaintiff’s contend that Isaac Sheldon, the father of the pauper, was, previous to the year 1807, married to one Lucy Kibby, and that he was divorced from her by the supreme court, at their term in Washington county, in February, 1816. It is admitted that, in 1807, the said Sheldon…
Read the full summary
Appeal from an order of removal of Philander Sheldon from Huntington to Charlotte. The case was submitted to the county court upon the following statement, agreed upon by the parties, to wit:— The plaintiff’s contend that Isaac Sheldon, the father of the pauper, was, previous to the year 1807, married to one Lucy Kibby, and that he was divorced from her by the supreme court, at their term in Washington county, in February, 1816. It is admitted that, in 1807, the said Sheldon married a woman then called Charlotte Perry, now living; that, in December, 1816, he married a widow, then called Mrs.…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
Two questions are raised in this case, and both affect the validity of the decree of divorce of Sheldon, by the supreme court, in 1816.
In the first place, it is urged that the decree is inoperative and void, because it does not appear from the records of the court, nor from the clerk’s docket, that Sheldon had such residence in this state, as would give the court jurisdiction of the case.
This was a matter of fact, that was made to depend upon the proof to be exhibited on the trial, for the purpose of settling the question of jurisdiction; and…
2Cited by11 opinions
- In re Estate of EichhoffCalifornia Supreme Court · 1894
- Werz v. WerzMissouri Court of Appeals · 1881
- Peaslee v. PeasleeMassachusetts Supreme Judicial Court · 1888
- In Re Lake Sadawga DamSupreme Court of Vermont · 1960
- McCahill v. Equitable Life Assurance SocietySupreme Court of New Jersey · 1875
6 more not listed; retrieve them via the Exa API.