Legal Opinion

Town of Winhall v. Town of Landgrove

Supreme Court of Vermont

Decided February 15, 1873Published

Appeal from an order for the removal of Nancy Bates, a pauper, wife of Henry E. Bates, from the town of Winhall to the town of Landgrove. The case was referred, and heard before the referee.

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Appeal from an order for the removal of Nancy Bates, a pauper, wife of Henry E. Bates, from the town of Winhall to the town of Landgrove. The case was referred, and heard before the referee. The defendant offered in evidence the records of the town of Landgrove, by which it appeared that, on the 11th day of February, 1815, a warning was issued by the proper authority, directing the constable, to warn Daniel Swallow, Nancy his wife, Jptham, Polly, and Nancy, children of the said Daniel, to depart «aid town ; that the return of the service of said warning was as follows: “ Bennington, ss.…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

It is not claimed that the husband of the pauper, Henry E. Bates, ever acquired a settlement in his own right in *378any town in the state, but that he had a derivative settlement from his mother, Elmira Bates; and it is clear, from the facts, found by the referee, that if she ever had* any settlement, it must have been derived from her father, Edward Bates. The referee has found, that it did not appear that Edward Bates had a residence in any other town in the state at the time, of his removal into Landgrove, about the year 1818. He says that…

2Cases cited4 opinions

  1. Town of Londonderry v. Town of ActonSupreme Court of Vermont · 1830
  2. Town of Royalton v. Town of West-FairleeSupreme Court of Vermont · 1839
  3. Town of Townsend v. Town of AthensSupreme Court of Vermont · 1828
  4. Town of New-Haven v. City of VergennesSupreme Court of Vermont · 1830

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