Legal Opinion

Hinman v. Taylor

Supreme Court of Connecticut

Decided November 15, 1817PublishedCited by 30 opinions

in error. THIS was a proceeding under the statute of bastardy, (tit. 22.) in favour of the mother of a bastard child against the father, for its maintenance.

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in error. THIS was a proceeding under the statute of bastardy, (tit. 22.) in favour of the mother of a bastard child against the father, for its maintenance. The complaint was as follows : “ To Simeon Hart, Esq. a justice of the peace, for the county of Hartford, comes Nancy Taylor of Burlington in said county, and complaint makes, and gives said justice to understand, that she is a single woman, and now with child ; and that said child, which, when born, will be a bastard, was, on or about the 14th day of March last past, begotten of her body, by Joseph Hinman of Farmington in said county ;…

1Opinion of the Court

Swift, Ch. J.

A suit for the maintenance of a bastará child is a statutory process mi generis, partaking altogether of the nature of a civil, and not of a criminal suit. The general rules respecting civil cases are applicable to it. The plaintiff can withdraw, and is liable to cost if unsuccessful; the defendant may plead a discharge, appear by attorney, ánd be defaulted. Though the process is forthwith, as in Criminal cases, yet it resembles a criminal proceeding in nothing else. It can be prosecuted by an individual, without joining the state ; and no punishment whatever can be inflicted.

But…

2Cases cited1 opinion

  1. Bennett v. HallSupreme Court of Connecticut · 1815

3Cited by30 opinions

  1. Moore v. McNamaraSupreme Court of Connecticut · 1986
  2. Robertson v. ApuzzoSupreme Court of Connecticut · 1976
  3. Cottrell v. Connecticut Bank & Trust Co.Supreme Court of Connecticut · 1978
  4. Pelak v. KarpaSupreme Court of Connecticut · 1959
  5. In re WalkerNebraska Supreme Court · 1901

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