Legal Opinion

Overseer of the Poor v. Yarrington

Supreme Court of Vermont

Decided July 15, 1848PublishedCited by 1 opinion

This was a complaint, founded upon the statute of November 1, 1843, authorizing the overseer of the poor of a town to commence a prosecution for bastardy in his own name, when the woman neglects, for the space of thirty days after her delivery, to charge any one with being the father of the child.

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This was a complaint, founded upon the statute of November 1, 1843, authorizing the overseer of the poor of a town to commence a prosecution for bastardy in his own name, when the woman neglects, for the space of thirty days after her delivery, to charge any one with being the father of the child. From the records produced it appeared, that Rufus M. Benson, overseer of the poor of the town of Norwich, on the eighth day of January, 1845, preferred his complaint to Thomas J. Nevins, one of the justices of the peace for the county of Windsor, alleging that Sarah E. Waterman had been delivered of…

1Opinion of the Court

The opinion of the court was delivered by

Davis, J.

The county court correctly overruled the motion to dismiss the suit, made in behalf of the defendant on the ground assumed, that T. J. Nevins, the acting magistrate, to whom the complaint was made, and who ordered the defendant to recognize for his appearance at the county court, was not in fact in commission at the time. We cannot go behind the commission, in due form, executed by the executive authority of the state, conferring the office of justice of the peace upon Nevins for that year, and inquire whether he was duly appointed by the two…

2Cited by1 opinion

  1. Fancher v. StearnsSupreme Court of Vermont · 1889

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