10 Vt. 278 | Vt. | 1838
The opinion of the court was delivered by
In this cause, at the second term, a motion to quash was interposed. This was overruled as out of time. Most undoubtedly this was a dilatory plea, and the county court must make and enforce their own rules, as to the time of pleading. Had the court entertained the motion, it could not have been assigned for error, that it was done out of time ; for the court may, in their discretion, dispense with their rules ; and e converso, if the court reject the plea, as out of the time fixed by their rules, it is no error in law.
On the trial of the plea, that the pauper was unduly removed, for that her residence was not in Sandgate, it appeared that the pauper, Sylvia, was about twenty four years old, and therefore, could not have gained a settlement, under our statute, in her own right, after she became of age. ' Her
Judgment affirmed,