Legal Opinion

Town of Cavendish v. Town of Troy

Supreme Court of Vermont

Decided February 15, 1868PublishedCited by 22 opinions

Appeal from an order of removal of Esther Thomas, wife of Henry C. Thomas, and Ellen, their daughter, as paupers, from the town of Cavendish to the town of Troy. Plea, that the paupers were unduly removed, for that their last legal settlement-was not in the town of Troy. Trial by jury, May term, 1867, Baebett, J., presiding.

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Appeal from an order of removal of Esther Thomas, wife of Henry C. Thomas, and Ellen, their daughter, as paupers, from the town of Cavendish to the town of Troy. Plea, that the paupers were unduly removed, for that their last legal settlement-was not in the town of Troy. Trial by jury, May term, 1867, Baebett, J., presiding. On trial it appeared that the paupers and said Henry C. Thomas had not any settlement in this state, except as derived from Eras-tus Thomas, the father of said Henry 0. Thomas; and it also appeared that said Erastus Thomas had a legal settlement in the town of…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The issue in this case was whether the paupers, at the date of the order of removal, had a legal settlement in Troy. *103’This depended on. the question whether Erastus Thomas gained a settlement in Troy, by seven years’ continuous residence, between 1824 when he removed with his family from "Weathersfield to Troy, and the time of his removal back to Weathersfield in 1834. If the testimony on the part of the plaintiffs was true, Erastus .Thomas resided in Troy continuously from 1824 to 1834. The defendants’ evidence tended to show that he removed…

2Cases cited2 opinions

  1. Clifford v. RichardsonSupreme Court of Vermont · 1846
  2. Town of Derby v. Town of SalemSupreme Court of Vermont · 1858

3Cited by22 opinions

  1. State v. PikeSupreme Court of New Hampshire · 1870
  2. Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
  3. Ross v. StateWyoming Supreme Court · 1899
  4. Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
  5. First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898

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