Moncrief v. Ely
New York Supreme Court
Error from the Washington common pleas. Moncrief sued Ely in a justice’s court, and claimed to recover for the support and maintenance of an illegitimate child of his daughter, of which the defendant was the reputed father. The plaintiff had supported the child about four years.
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Error from the Washington common pleas. Moncrief sued Ely in a justice’s court, and claimed to recover for the support and maintenance of an illegitimate child of his daughter, of which the defendant was the reputed father. The plaintiff had supported the child about four years. An order of filiation was produced on the trial adjudging the defendant to be the reputed father of the child and making provision for its support, and one of the overseers of the poor of the town in which the child was born, testified, that he had collected on the order and paid to the plaintiff for keeping the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
I regret that my examination of this case has not enabled me to come to the conclusion, that the judgment below ought to be reversed, as the moral obligation and justice of it are strongly against the defendant. But it cannot be matter of doubt, that anterior to the statute of 18 Eliz. & 6 Geo. 2, the putative father was under no legal liability to maintain his illegitimate offspring, and as that liability has been wholly created by statute, the remedy there prescribed to enforce the duty must be followed. We have copied these statutes and others on the same…
2Cited by19 opinions
- In the Interest of J.W.T.Texas Supreme Court · 1994
- Todd v. . WeberNew York Court of Appeals · 1884
- Simmons v. BullSupreme Court of Alabama · 1852
- Boyd v. BlaisdellIndiana Supreme Court · 1860
- Good v. TownsSupreme Court of Vermont · 1883
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