Legal Opinion

Town of Northfield v. Town of Roxbury

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 4 opinions

Two justices ordered the removal of one Mary Nary from Northfield (o Roxbury. On appeal, the following plea and replication were interposed : — And for further plea in this behalf, the said town of Roxbury, leave being first had, say that said Northfield ought to be barred from having and maintaining said order of removal because they say that at the time said order was made, and a long time before, to wit, for five years, the said Mary was, and still is the lawful wife of…

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Two justices ordered the removal of one Mary Nary from Northfield (o Roxbury. On appeal, the following plea and replication were interposed : — And for further plea in this behalf, the said town of Roxbury, leave being first had, say that said Northfield ought to be barred from having and maintaining said order of removal because they say that at the time said order was made, and a long time before, to wit, for five years, the said Mary was, and still is the lawful wife of one Edward Nary, who then, and long before, and ever since resided in said town of North-field, and then and there had…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

It must be intended from the pleadings that the pauper’s maiden settlement was in the town of Roxbury. And the present statute enacts that, since her husband has no settlement within the state, her settlement shall be neither lost nor suspended by her marriage. The question is, whether, by force of' this statute, she is liable to be removed from her husband, or from the place of his domicil and personal residence.

The extent to which the statute was intended to operate is somewhat doubtful. It is evident, however, that it may operate to…

2Cited by4 opinions

  1. Town of Dummerston v. Town of NewfaneSupreme Court of Vermont · 1864
  2. Town of Bristol v. Town of FoxIllinois Supreme Court · 1896
  3. Town of Danville v. Town of WheelockSupreme Court of Vermont · 1874
  4. Town of Berlin v. Town of MorristownSupreme Court of Vermont · 1848

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