Town of Barton v. Town of Irasburgh
Supreme Court of Vermont
Appeal from an order of removal of one David Mann, a pauper. Plea, that the pauper was unduly removed, and trial by jury at the June Term, 1860, — Poland, J., presiding.
Read the full summary
Appeal from an order of removal of one David Mann, a pauper. Plea, that the pauper was unduly removed, and trial by jury at the June Term, 1860, — Poland, J., presiding. It was conceded by the defendants that the pauper’s settlement was in Irasburgh, unless he had lost it by gaining one in Barton, by a residence of seven consecutive years-in-Barton between 1850 and 1859. The defendants introduced evidence tending to prove that the pauper went to Barton in the spring of 1850, and made his home there with his brother, a resident of that town ; that he kept his clothes and had his washing done…
1Opinion of the CourtAldis, J.
In determining the question of residence, intention is an important element. It is especially so where the recent removal of the party from his ordinary home and his actual commorancy elsewhere are not of that decisive character that settles the question of residence without reference to intention. So where a single person, not a householder, and with few effects, changes his residence, it is obvious that intention becomes then especially important. But intention is not the only element in *162such cases, and is itself modified by the character, habits and business of the party, and the character…
2Cases cited3 opinions
- Town of Jamaica v. Town of TownshendSupreme Court of Vermont · 1847
- Middlebury v. WalthamSupreme Court of Vermont · 1834
- Town of Royalton v. Town of BethelSupreme Court of Vermont · 1837
3Cited by6 opinions
- Felker v. HendersonSupreme Court of New Hampshire · 1917
- Town of Jericho v. City of BurlingtonSupreme Court of Vermont · 1894
- Turner v. TurnerSupreme Court of Vermont · 1913
- Greenfield v. BucklandMassachusetts Supreme Judicial Court · 1893
- Town of Londonderry v. Town of LandgroveSupreme Court of Vermont · 1893
1 more not listed; retrieve them via the Exa API.