Town of Chaplin v. Hartshorne
Supreme Court of Connecticut
IN ERROR. This was a suit for the maintenance of a bastard child, instituted and prosecuted by the select-men of the town of Chaplin, against Andrew Hartshorne, charged with begetting such child on the body of Melinda Colburn. The complaint averred, That the mother of said child had, at all times, neglected and omitted to bring forward, in her own name, and prosecute to final judgment, her suit for the maintenance of said child.
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IN ERROR. This was a suit for the maintenance of a bastard child, instituted and prosecuted by the select-men of the town of Chaplin, against Andrew Hartshorne, charged with begetting such child on the body of Melinda Colburn. The complaint averred, That the mother of said child had, at all times, neglected and omitted to bring forward, in her own name, and prosecute to final judgment, her suit for the maintenance of said child. The complaint was signed by David Avery, John Clark and James Martin, select-men of the town of Chaplin ; and appended to it was a certificate of Charles Moulton,…
1Opinion of the CourtBristol, J.
The exceptions taken to the complaint, by way of abatement, appear to me unimportant, if not frivolous. Many of them are unfounded in fact, as appears from the complaint. The objection that only one of the select-men made oath to the complaint, could only be sustained by the express requirements of the Statute; and the statute is silent on the subject. The complaint was sworn to, by one of the selectmen ; and the warrant did not issue without being supported by oath.
The allegation respecting the mother’s having neglected to bring forward a suit for maintenance, is made in the same words, as…
2Cases cited1 opinion
- Fuller v. Town of HamptonSupreme Court of Connecticut · 1824
3Cited by3 opinions
- Booth v. HartSupreme Court of Connecticut · 1876
- Town of Naugatuck v. SmithSupreme Court of Connecticut · 1885
- Pouncey v. CarrawayConnecticut Appellate Court · 1969