Town of Braintree v. Town of Westford
Supreme Court of Vermont
Appeal from a warrant for the removal of certain paupers. The appeal was taken to the December Term, 1842, of Orange county court, and at that term the plaintiffs appeared, and moved to dismiss the appeal, assigning, as cause, that the order of removal, in the case, was made on the 12th day of May, 1842, and that a true copy of the order, certified and attested by the justices making the same, was left with the then overseer of the poor of said town of Westford “within…
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Appeal from a warrant for the removal of certain paupers. The appeal was taken to the December Term, 1842, of Orange county court, and at that term the plaintiffs appeared, and moved to dismiss the appeal, assigning, as cause, that the order of removal, in the case, was made on the 12th day of May, 1842, and that a true copy of the order, certified and attested by the justices making the same, was left with the then overseer of the poor of said town of Westford “within thirty days next after the making of the order, to wit, on the 30th day of May, 1842, and long before a term of this court…
1Opinion of the Court
*143The opinion of the court was delivered by
Royce, J.
The question now presented is the same which was decided in Strafford v. Hartland, 2 Vt. 565. That case must, consequently, govern the present, unless the question has since become affected by a change of statutes.
Prior to the act of 1817 it was not contemplated that an appeal would be taken until .after an actual removal of the pauper, as no means were then provided for giving notice to the defendant town, except by executing the warrant of removal. Accordingly the act of 1797, in authorising an appeal “to the county court, next to be holden…
2Cases cited2 opinions
- Town of Barnet v. Town of ConcordSupreme Court of Vermont · 1832
- Town of Strafford v. Town of HartlandSupreme Court of Vermont · 1830
3Cited by4 opinions
- Town of Landgrove v. Town of PawletSupreme Court of Vermont · 1846
- Town of Poultney v. Town of SandgateSupreme Court of Vermont · 1862
- Town of Stowe v. Town of BrookfieldSupreme Court of Vermont · 1854
- Town of Chester v. Town of WheelockSupreme Court of Vermont · 1856