Town of Landgrove v. Town of Pawlet
Supreme Court of Vermont
Appeal from an order, made by two justices of the peace, pursuant to the statute, directing that one Eseck Comstock, a pauper, remove, “ with his family and effects,” from Landgrove to Pawlet. The defendants filed a motion to quash the order as to the “ family ” of the pauper, — alleging that he had a family, at the time the order was made, consisting of his wife and five minor children, and that they were removed with him by the officer executing the warrant of removal.
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Appeal from an order, made by two justices of the peace, pursuant to the statute, directing that one Eseck Comstock, a pauper, remove, “ with his family and effects,” from Landgrove to Pawlet. The defendants filed a motion to quash the order as to the “ family ” of the pauper, — alleging that he had a family, at the time the order was made, consisting of his wife and five minor children, and that they were removed with him by the officer executing the warrant of removal. To this motion the plaintiffs demurred. The county court, December Term, 1845, — Williams, Ch. J., presiding, — sustained…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The question raised for the consideration of this court is, whether the decision of the county court, quashing the order of removal, is sustainable ? The case of Hartland v. Williamstown, 1 Aik. 241, is relied upon as sustaining the decision. The question in that case involved the validity of an order of removal, made by two justices in May, 1817, ordering the removal of the pauper, and his family and effects, from Williamstown to Hart-land, which was not appealed from and was offered as evidence in the case then on trial. This evidence was…
2Cases cited4 opinions
- Overseers of the Poor of Newbury v. Overseers of the Poor of BrunswickSupreme Court of Vermont · 1829
- Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846
- Town of Bristol v. Town of BraintreeSupreme Court of Vermont · 1838
- Overseers of the Poor of the Town of Hartland v. Overseers of the Poor of the Town of WilliamstownSupreme Court of Vermont · 1826
3Cited by4 opinions
- Morrill v. PalmerSupreme Court of Vermont · 1895
- Town of Landgrove v. Town of PlymouthSupreme Court of Vermont · 1879
- Town of Windham v. Town of ChesterSupreme Court of Vermont · 1873
- Town of Chester v. Town of WheelockSupreme Court of Vermont · 1856