Legal Opinion

Vetten v. Wallace

Appellate Court of Illinois

Decided February 2, 1891PublishedCited by 5 opinions

Hr error to the Circuit Court of St. Clair County; the Hon. B. E. Burroughs, Judge, presiding. Plaintiff in error brought this suit and in her declaration averred that defendant in error was the father of a bastard child of the age of two years in March, 1889, and that he proposed if plaintiff in error would feed, clothe and care for said bastard child, he would pay her what it was reasonably worth;.that she accepted his proposition and did feed, clothe and care for the…

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Hr error to the Circuit Court of St. Clair County; the Hon. B. E. Burroughs, Judge, presiding. Plaintiff in error brought this suit and in her declaration averred that defendant in error was the father of a bastard child of the age of two years in March, 1889, and that he proposed if plaintiff in error would feed, clothe and care for said bastard child, he would pay her what it was reasonably worth;.that she accepted his proposition and did feed, clothe and care for the child for a period of twenty-five months and that it was reasonably worth $10 per month, which sum the defendant in error…

1Opinion of the CourtReeves, J.

By the demurrer it was admitted that the plaintiff in error was the mother of the alleged bastard child, and that she was at the time of the birth of the child the wife of Henry Koch, to whom she was married March 11, 1873. The child was born, according to the averments of the plea, in wedlock, between plaintiff in error and Henry Koch. If defendant in error was the father of the child, plaintiff in error must have been guilty of adultery. Taking the declaration and plea together, it is manifest that the consideration for the promise alleged in the declaration was the fact that the plaintiff…

2Cases cited2 opinions

  1. Todd v. . WeberNew York Court of Appeals · 1884
  2. Drennan v. DouglasIllinois Supreme Court · 1882

3Cited by5 opinions

  1. Kowalski v. WojtkowskiSupreme Court of New Jersey · 1955
  2. Flint v. PierceNew York Supreme Court · 1912
  3. People Ex Rel. Adams v. MitchellAppellate Court of Illinois · 1980
  4. Naimo v. La FianzaNew Jersey Superior Court Appellate Division · 1976
  5. Kowalski v. WojtkowskiSupreme Court of New Jersey · 1955

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