Loring v. O'Donnell
Supreme Judicial Court of Maine
This case is sufficiently stated in the opinion of the Court. The principal question being, whether it was necessary for the plaintiff in a prosecution under the Bastardy act, to allege in her declaration, that she being put upon the discovery of the truth, during the time of her travail, accused the respondent of being the father of her child. contended that it was not. That, this was only necessary, in order to qualify her for a witness.
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This case is sufficiently stated in the opinion of the Court. The principal question being, whether it was necessary for the plaintiff in a prosecution under the Bastardy act, to allege in her declaration, that she being put upon the discovery of the truth, during the time of her travail, accused the respondent of being the father of her child. contended that it was not. That, this was only necessary, in order to qualify her for a witness. But, that if she chose to rely upon the admissions of the respondent, or upon evidence other than her own testimony, she well might. In this case, the…
1Opinion of the Court
The opinion of the Court was delivered by
Parris J.
’This is an application for a certiorari to the Court of Common Pleas in this county to send up the record in a case, wherein the petitioner is complainant against the respondent, prosecuted under statute ch. 72, for the maintenance of bastard children.
The petitioner sets forth, in her petition to this Court, a copy of her complaint which she made to the court below, and likewise a copy of a special demurrer filed thereto by the respondent alleging ior cause “ that the plaintiff hath not in and by her declaration alleged or shewn that she,…
2Cases cited2 opinions
- Melvin v. BridgeMassachusetts Supreme Judicial Court · 1807
- Edgar v. DodgeMassachusetts Supreme Judicial Court · 1808