Middlebury v. Waltham
Supreme Court of Vermont
This cause was submitted to the decision of the court upon the following statement of facts agreed upon by the parties. The action is brought on the eleventh section of the pauper law, by Middlebury vs. Waltham, to recover the amount paid by Middlebury for the support of A. P. Everts, wife of Samuel Everts, during her last sickness of which she died. Samuel Everts was born in said Waltham, in which was his legal settlement.
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This cause was submitted to the decision of the court upon the following statement of facts agreed upon by the parties. The action is brought on the eleventh section of the pauper law, by Middlebury vs. Waltham, to recover the amount paid by Middlebury for the support of A. P. Everts, wife of Samuel Everts, during her last sickness of which she died. Samuel Everts was born in said Waltham, in which was his legal settlement. He and his wife had separated, and she had lived in Middlebury previous to her last sickness, and in other adjacent towns, living in families for short periods, chiefly in…
1Opinion of the Court
The opinion of the court was pronounced by
Mattoces, J.
— The principal question is, whether the facts in the case stated bring-the' pauper within 3d and 4th, or 11th *202section of the act relating to the poor. If within the latter the defendant is entitled to recover; if within the former, the case is with the defendant, as there was no order of removal. Upon this ground, the parties have mainly argued the cause. Yet the plaintiffs have intimated that the sickness of the pauper might enable them to recover under the 4th section. But it was distinctly decided in Londonderry vs. Wind-ham, 2 Vt.…
2Cited by13 opinions
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- Town of Barton v. Town of IrasburghSupreme Court of Vermont · 1860
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