Town of Barnet v. Town of Woodbury
Supreme Court of Vermont
This was an appeal from a warrant of removal of one Emeline Fisher, daughter of Geo. W. Fisher, and was heard upon a motion to quash. It was proved that Emeline had gained no legal settlement by her own act or residence, and that if she had a legal settlement in Wood-bury it was derived from the said George by a residence of seven successive years in Woodbury, and the question on the trial was whether the said George did so reside in Woodbury.
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This was an appeal from a warrant of removal of one Emeline Fisher, daughter of Geo. W. Fisher, and was heard upon a motion to quash. It was proved that Emeline had gained no legal settlement by her own act or residence, and that if she had a legal settlement in Wood-bury it was derived from the said George by a residence of seven successive years in Woodbury, and the question on the trial was whether the said George did so reside in Woodbury. The plaintiff town, as tending to prove the residence of said Geo. W., introduced the following paper : “ Robert Gib.son, Esq., — Lear Sir : Geo. W.…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The first question is whether the court erred in overruling the defendant’s motion to dismiss. The ground of the motion to dismiss is, to use the language of the motion, “because neither the order of removal, nor the notice required by law, was in any manner served on the overseer of the poor of said Woodbury;” referring to the officer’s return as a part of the motion. The exceptions, on this point, state that the facts appear on the face of the record, by which must be intended the files in the case. The order was made September 13th, 1866,…
2Cited by2 opinions
- Smith v. CosgroveSupreme Court of Vermont · 1899
- Town of Windham v. Town of ChesterSupreme Court of Vermont · 1873