Town of Newbury v. Town of Topsham
Supreme Court of Vermont
This was an order of removal of Sarah Cunningham, a pauper, from the town of Newbury to the town of Topsham in said county, made by two justices of the peace. The appellants appealed from said order of removal, and duly entered their appeal in the county court, where an issue was joined to the country on the plea of unduly removed.
Read the full summary
This was an order of removal of Sarah Cunningham, a pauper, from the town of Newbury to the town of Topsham in said county, made by two justices of the peace. The appellants appealed from said order of removal, and duly entered their appeal in the county court, where an issue was joined to the country on the plea of unduly removed. A verdict was taken for the appellees, subject to the opinion of the supreme court, on the following case : Sarah Cunningham, single woman, and the pauper, now aged about eighty years, about the year 1789, went to live with her brother, James Cunningham, in…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— This is a question as to the settlement of a pauper. The evidence should have been submitted to a jury, under a charge of the court, for them to find the fact of the pauper’s residence. Sufficient however is stated in the case, as it is presented, to enable this court to mqke'a decision. It is contended, and probably correctly, that the pauper gained a settlement in Newbu-ry, prior to 1812. If so, it was from the fact of her residing there after the year 1801, without being warned out. The statute of 1797 gave a settlement from…
2Cases cited4 opinions
- Town of Burlington v. Town of CalaisSupreme Court of Vermont · 1829
- Inhabitants of Abington v. Inhabitants of BostonMassachusetts Supreme Judicial Court · 1808
- Boardman v. BickfordSupreme Court of Vermont · 1827
- Town of Middletown v. Town of PoultneySupreme Court of Vermont · 1830
3Cited by1 opinion
- Town of Mount Holly v. Town of PlymouthSupreme Court of Vermont · 1915