Legal Opinion

Town of Morristown v. Town of Fairfield

Supreme Court of Vermont

Decided August 15, 1873Published

Appeal from an order of removal of Willis Hogaboon, a pauper, from the town of Morristown to the town of Fairfield. Plea, that the pauper was unduly removed, and was not chargeable to the town of Fairfield, and that said Fairfield was not the place of said pauper’s last legal settlement.

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Appeal from an order of removal of Willis Hogaboon, a pauper, from the town of Morristown to the town of Fairfield. Plea, that the pauper was unduly removed, and was not chargeable to the town of Fairfield, and that said Fairfield was not the place of said pauper’s last legal settlement. The defendant also filed a plea to the jurisdiction, for that the justices who made said order were rated inhabitants and tax-payers in, said Morristown at the time of the making thereof; to which the plaintiff demurred. The court, at the May term 1871, Red field, J., presiding, sustained the demurrer and…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The justices who made the order of i-emoval having been rated inhabitants and tax-payers in the town of Morristown at the time they made the order, would be disqualified to act as justices in the case by the general provision of Gen. Sts. ch. 31, § 22, prohibiting justices of the peace from taking cognizance of a cause or matter, or doing any judicial act, in which they are interested. But Gen. Sts. ch. 20, § 4, provides that “any two justices, though inhabitants of said town” from which the removal is made, may make the order. The particular…

2Cases cited3 opinions

  1. Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846
  2. Town of Oxford v. Town of BethanySupreme Court of Connecticut · 1848
  3. Town of New-Haven v. Town of NewtownSupreme Court of Connecticut · 1837

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