Town of St. Johnsbury v. Town of Concord

• Decision Date: 28 July 1896
• Citation: 68 Vt. 481,35 A. 429
• Parties: TOWN OF ST. JOHNSBURY v. TOWN OF CONCORD.
• Court: Vermont Supreme Court

35 A. 429

68 Vt. 481

TOWN OF ST. JOHNSBURY

v. TOWN OF CONCORD.

Supreme Court of Vermont. Caledonia.

July 28, 1896.

Exceptions from Caledonia county court; Jonathan Ross, Chief Judge.

Action by the town of St Johnsbury against the town of Concord to recover for the support of a pauper. Judgment for plaintiff, pro forma, and defendant excepts. Reversed.

The plaintiff sued for the support of a pauper. The pauper was an only son. His father, by will, left all his property to the mother during her life, and what might remain at her death to the son. This property consisted mostly of a farm and stock in the town of St. Johnsbury, which was sold, and the proceeds invested in a village residence in the town of Concord. In October, 1857, the mother and pauper, who was then of age, moved onto the place in Concord, and continued to reside there as one family until April, 1860, when the pauper went to Manchester, N. H. It was not claimed that the pauper had a residence in Concord, if this removal to Manchester interrupted the continuity of his residence there at that time and this was the question litigated. Upon this point the referee found the following facts: "Early in the month of April, 1860, being out of employment, said Moses went to Manchester, N. H., to seek employment at his trade as a molder, taking with him his 'kit of tools' and an extra suit of clothes, but leaving seme of his clothing, including his 'best suit,' at his then home, at his mother's house. On the day after his arrival at Manchester, he obtained employment, and continued to work there until about the 1st of August 1860. On the 8th day of July, 1860, while at Manchester, he married a young girl, 16 years of age, who was then a weaver in ore of the factories in that city, but whose home was at the time of her marriage in North Groton, N. H. Before his marriage said Moses boarded and occupied a room at some boarding house in Manchester, and after his marriage his wife went to his boarding house to live there with him as boarders; and they so continued to live there until about the 1st of August, 1860, when he, being again out of employment, with his wife went to her father's, in North Groton, for a short visit, on their way to his mother's place, in Concord. After having made their visit of a few days' duration, they went to Concord, to his mother's house, and took up their residence there, occupying the same room that he had occupied before he went to Manchester."

W. P. Stafford an...