Corson v. Dunlap
Supreme Judicial Court of Maine
On exceptions. This was a suit on a bastardy bond. The writ is dated October 9, 1886. Judgment was rendered for the plaintiff in the original suit at the September term, 1886, and a final decree entered, as follows : " The defendant is adjudged the father of the complainant’s child, and is to stand charged with the maintenance thereof, with the assistance of the mother.
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On exceptions. This was a suit on a bastardy bond. The writ is dated October 9, 1886. Judgment was rendered for the plaintiff in the original suit at the September term, 1886, and a final decree entered, as follows : " The defendant is adjudged the father of the complainant’s child, and is to stand charged with the maintenance thereof, with the assistance of the mother. The sum which lie is charged with, for such support to the present time, is assessed at seventy-five dollars; and he is ordered to pay to the complainant one dollar a week towards such support in the future, to be paid at the…
1Opinion of the CourtPeters, C. J.
The question is, whether, in an action on a penal bond given in bastardy proceedings, the judgment should be for the penalty, and damages be assessed so far as they have accrued at the time of the assessment, future damages to be 1’ecovered by after-process of scire facias, or whether judgment must be given, once for all, for all the damages that will ever be sustained, both past and prospective, where the liability of the principal in the bond is by the order of court a continuing liability.
We are of the opinion that the first named is the proper procedure. We are induced to give an…
2Cases cited4 opinions
- Sevey v. BlacklinMassachusetts Supreme Judicial Court · 1807
- McGrath v. ConwayMassachusetts Supreme Judicial Court · 1874
- Barnes v. ChaseMassachusetts Supreme Judicial Court · 1880
- Marvin v. BellSupreme Court of Vermont · 1869
3Cited by1 opinion
- Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931