Legal Opinion

Town of Dover v. Wheeler

Supreme Court of Vermont

Decided October 15, 1878PublishedCited by 2 opinions

Case on s. 32, c. 20, Gen. Sts., for bringing Susan A. Phelps, a pauper, from Massachusetts into plaintiff town, with intent to charge plaintiff with her support. An amended declaration in two counts was filed. The first count was for money by plaintiff laid out and expended for the support of the pauper; the second, for the fine to which the defendant was alleged to be liable under the statute.

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Case on s. 32, c. 20, Gen. Sts., for bringing Susan A. Phelps, a pauper, from Massachusetts into plaintiff town, with intent to charge plaintiff with her support. An amended declaration in two counts was filed. The first count was for money by plaintiff laid out and expended for the support of the pauper; the second, for the fine to which the defendant was alleged to be liable under the statute. Defendant pleaded the general issue, and gave notice of special matter in defence, from which it appeared that at the time of the commission of the act complained of, the said Susan was an insane…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The act of bringing the pauper, Susan A. Phelps, to Dover in the manner and under the circumstances detailed in the exceptions, was a violation of the provisions of s. 32, c. 20, Gen. Sts. This section provides a penalty for bringing a poor and indigent person from another state to a town in this state, with intent to charge such town with such person’s support. Section 31 of the same chapter provides a penalty for bringing a poor person from one town in this state to another town, without an order'of removal, with- intent to charge such…

2Cited by2 opinions

  1. Town of Randolph v. MontgomerySupreme Court of Vermont · 1937
  2. Taylor's Admr. v. Town of PawletSupreme Court of Vermont · 1929

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