29 Vt. 354 | Vt. | 1857
The opinion of the court was delivered by
The questions in this case arise upon demurrer to the replication. The case is an appeal from an .order of removal of one David Sanderson and his family, consisting of his wife, Maryonette Sanderson, and his children, David W., Julia A., and Henry H. Sanderson, from the town of Hartland to the town of Windsor. The town of Windsor has pleaded that the order of removal was unduly made, as that town was not, at the time of making the order, the place of the legal settlement of David San-derson and his family. To this plea the town of Hartland has replied that, since the order of removal was made, David Sanderson deceased; and as to the wife and children of David Sanderson it is averred that the order of removal was duly made, as they, at the time of making the order of removal and ever since, had their legal settlement in Windsor.
The facts averred in the plea, which are not traversed or denied by the replication are, on the face of the record, admitted to be true. The replication has not traversed or in any way denied the averment in the plea, that David Sanderson had not a legal settlement in Windsor at the time the order of removal was made. It is therefore admitted in the pleadings that he had no such settlement in Windsor at that time. The replication that David Sam
Judgment affirmed.
Judgment reversed pro forma, with leave to amend on usual terms.